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newuser

05-14 08:16 PM

Just got an SMS that the my application was approved on May 13th. (Post Decision Activity)

PD - Jun 5th, 2006 NSC
Received Date - Oct 4th 2007

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nandini

08-03 06:02 PM

i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.

i think you are eligible for 3 year extension.

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smakur

07-16 05:24 PM

Some of my friends did this. A common example is if you work in company A and your spouse works in Company B. Since you typicaly go through the company's lawyers and you do not know who is going to file when, it is generally a good idea to list one spouse a dependant of the other. So you get he earliest receipt date possible.

If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though

However, if the same lawyer is preparing both your applications, then there is nothing to gain. So you should just file your own 485s (why risk losing the filing fee) or file one 485 (earlier PD with the spouse listed as a dependant).

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vivache

11-08 06:56 PM

I agree .. I missed the 2.5 people per application, which does make sense.
The 245i sounds like an unknown .. since I have no idea how many visa will go from eb3 for 245i. Or for that matter even for EB2

This could be a dumb question .. but any idea . when I can get my GC for EB3 .. July 2002 priority date?

Thanks

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lrindy

09-19 11:48 AM

Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.

Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...

If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.

Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.

Cheers,

LRIndy. Crossroads of America!!!

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santa123

10-06 08:41 PM

I just read about someone in San Fernando who killed his family and himself because he didn't have a job.

Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...

Cheers!!

Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.

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glus

09-13 12:22 PM

Hi, I have a quite strange situation here:

I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

Thanks for all you comments.

hello,
This is a pretty complicated situation. What you should do is to speak to your attorney to "connect" your APPROVED I-140 with currently pending 485 petition. Other than that, as long as your 485 is not DENIED, you remain in period of "Authorized Stay" and all documents issued based on the pending 485 remain valid. Note that EAD and AP are issued based on a pending 485, not based on I140. Still, I highly recommend you speak to a qualified attorney. If you PM me, I can recommend one.

Good Luck.

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nonimmi

03-11 12:25 PM

This is the problem with most of them (attorney). Once they receive full payment, they dont even care to respond or take any interest in our case. More clients they have more misbehavior we face. Anyway if we look for some real good attorney and find details about him/her it can be good for all of us. I dont think location is that important if attorney is good. Lets do a countrywide search and if someone has real good experience with their attorney please let others know.

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nemadeni

08-28 03:18 PM

we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

Anybody doing this?

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pappu

12-20 10:05 AM

Thanks. Havnt contacted him yet.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.

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desi3933

03-13 02:48 PM

Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?

ALL: Please share your experience in this area.

Incorrect!

I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

Read for yourself -

http://www.uscis.gov/files/article/E1eng.pdf

[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.



_______________________
Not a legal advice.
US citizen of Indian origin

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kanaihya

09-28 03:05 PM

please don't reply those guys with in-appropriate subject lines ...
that is very irritating...S**t t*e F**k o*f...

thanks

Hello Guys,

Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

Thanks.

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indyanguy

08-07 09:08 AM

I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

I have applied in NSC. What is the approximate processing times for approving:
1. Labor Substitution
2. I 140
3. I 485.

Also, will they start processing 485 only after LC and 140 are approved?

Thanks.

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Berkeleybee

05-30 02:31 PM

As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.

These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.

Asian,

Not sure what you are getting at here.

The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

Berkeleybee

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skothuru

07-17 05:00 PM

I think we can still file till July 31st as per July Visa Bulletin (released on June 12)

This is AWESOME!!!!!

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purgan

09-14 08:26 PM

Its coming around to that time of the year again... an article on the (ultimately unsuccessful) effort to raise the H-1B/EB cap last year. This refers to the infamous S. 1932 bill

Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)

What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.

Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!


========

Budget bill would boost green cards
By Stephen Dinan
THE WASHINGTON TIMES
October 31, 2005

The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
"We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
"These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
"We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
"We're going to need every Republican we can get to pass it," he said.
The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
"Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.

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prem_goel

07-05 12:41 PM

I am kindda in a similar situation. if your wife goes to F1 visa, and the dates become current (i.e you are eligible to apply for 485), you cannot add your wife to your 485 (immigrant AOS) petition on her F1 status. She either will have to come to H-1B/H-4/L-1/L-2 status. I had this conversation long time ago with my lawyer. The reason is that these categories of visas are recognized to have dual intent of migration. F-1, B-1 etc are not so you cannot apply for 485 if you are in any of those category of visas.

This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.

I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.

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visa_reval

04-29 11:42 AM

My correction letter reached NSC on the 28th. I haven't seen any LUDs so far. sekhar123 and sgurram, please post updates as relevant.

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iptel

09-21 01:12 PM

I look at wam4wam suggestion as a sound strategy. Its all about putting carrot to get our job done...
Core team member should give some serious thought to this sugestion..

i

the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall

it is here that we step in...

fees for filing I485 for people under SKIL

fees for being able to file 485 before visa numbers

etc etc etc


we have to take advantage of this opportunity

in the mean while....SEND FAXES ABOUT SKIL BILL

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qualified_trash

07-11 12:36 PM

I prefer that people who do not know how to run a business stick to option 2.

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mbawa2574

02-09 09:29 PM

"US Masters degree has no value anymore. Don't pursue a masters degree from US . You won't be able to find a job due to protectionist agends of US law makers.. Take your money somewhere else.Foreigners won't get jobs in USA "

Let us make at least Indians run from Higher education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.

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