augustus
10-08 07:42 PM
Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
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admin
06-01 04:19 PM
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
mps
05-13 01:09 AM
Well I was just thinking about it -
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
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fran5477
02-19 09:44 AM
Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.
more...
gc007
11-19 04:47 PM
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
ajju
10-15 02:21 PM
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...
But then my dear.. where's the money...
Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...
more...
gcisadawg
11-09 10:32 AM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
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badluck
06-22 09:41 AM
TB test should be positive or nigative. does it make any different in immigration
any responce
any responce
more...
cdeneo
04-02 10:12 PM
Related question:
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
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chantu
06-15 09:53 AM
Anybody pls reply?
more...
iamlost
07-24 10:37 PM
HI,
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !
TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
�MurthyDotCom
The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
�MurthyDotCom
Erroneous I-140 Approval eMails do not have a Priority Date
�MurthyDotCom
The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
�MurthyDotCom
Conclusion
�MurthyDotCom
This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !
TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
�MurthyDotCom
The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
�MurthyDotCom
Erroneous I-140 Approval eMails do not have a Priority Date
�MurthyDotCom
The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
�MurthyDotCom
Conclusion
�MurthyDotCom
This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.
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arthsidhu
09-10 01:54 AM
The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
American desi, the employer you are referring to is known as Netsoft previously which has a long history of employee abuse and also the abuse of the H1B visas. It changed name to HIDEF TECHNOLOGIES 17177 N Laurel Park Dr # 402, Livonia, MI 48152-3951 after some of its employees complained about it to DOL . It still exists and has come back with vengeance in abusing this H1b visas. It is located in Livonia, Michigan. So beware of this company.
HIDEF TECHNOLOGIES
17177 N Laurel Park Dr # 348
Livonia, MI , 48152-3951
Phone: 734-632-0308
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
American desi, the employer you are referring to is known as Netsoft previously which has a long history of employee abuse and also the abuse of the H1B visas. It changed name to HIDEF TECHNOLOGIES 17177 N Laurel Park Dr # 402, Livonia, MI 48152-3951 after some of its employees complained about it to DOL . It still exists and has come back with vengeance in abusing this H1b visas. It is located in Livonia, Michigan. So beware of this company.
HIDEF TECHNOLOGIES
17177 N Laurel Park Dr # 348
Livonia, MI , 48152-3951
Phone: 734-632-0308
more...
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nozerd
01-18 12:54 PM
Only Primary applicant needs to take it for sure. Even for US immigration you could be NIW candidate but your spouse may be illiterate still she will also get GC.
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PHANI_TAVVALA
12-02 02:26 PM
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
more...
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Mount Soche
09-23 12:07 PM
I am a July 17th filer and my attorney received my receipts for EAD, AP and AOS on September 18th. The attorney says I should get my copy of the receipts but I haven't received anything as of today (September 23rd). Lawyer gave me receipt numbers and will send me a copy but I don't think it is necessary to have the originals.
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ram_ram
06-08 02:16 PM
Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..
more...
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boreal
08-24 12:32 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...
Is there any use in comming here as a student?? anymore..
Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...
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MetteBB
06-06 02:53 PM
Awesome 3 of my 36 stamps got in :P
But seriously, i wish you put in my pink nebula one! oh well! :)
3 out of 44 is not bad, so no complaining ;)
/mette
But seriously, i wish you put in my pink nebula one! oh well! :)
3 out of 44 is not bad, so no complaining ;)
/mette
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ndbhatt
04-22 10:54 PM
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
I am not sure what percentage of these are PERMs, filed for same person. Atleast, I for one can speak for myself. My PERM was filed last year but now since I changed my employer after that, everything is reset.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
I am not sure what percentage of these are PERMs, filed for same person. Atleast, I for one can speak for myself. My PERM was filed last year but now since I changed my employer after that, everything is reset.
smuggymba
04-21 12:46 PM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
memyselfandus
08-22 09:37 PM
I have used for all of H1B and also for complete Green Card Processing. If it is just anything after I-140; they charge about $600 rest of the processing.
You always get a response within a day from its director John Dorer.
You can reach them at info@usavisanow.com
Can I have some recommendations for good attorney?
You always get a response within a day from its director John Dorer.
You can reach them at info@usavisanow.com
Can I have some recommendations for good attorney?
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