gc_chahiye
07-22 11:47 AM
Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt
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GotGoose?
04-28 10:41 PM
Added another stamp based on my other stamp's gradient theme.
gauravster
05-06 12:10 PM
While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).
Thanks,
Gaurav
Thanks,
Gaurav
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zoozee
08-14 05:44 PM
Hi,
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
more...
pappu
09-09 11:40 AM
http://immigrationvoice.org/forum/showthread.php?t=21393
anilsal
11-07 09:27 PM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252
IL Meet and Greet.
IL Meet and Greet.
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Ramba
07-29 12:55 PM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
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god_bless_you
06-14 09:14 PM
From Today's Lou Dobb's....
Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
Here's the problem...
SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.
What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.
REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.
So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.
SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.
(END VIDEOTAPE)
SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.
PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.
Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?
(BEGIN VIDEOTAPE)
SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.
PILGRIM: What does that say about the value of this bill, sir?
SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.
PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.
SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.
We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.
PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?
SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.
PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?
SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.
PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.
Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
Here's the problem...
SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.
What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.
REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.
So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.
SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.
(END VIDEOTAPE)
SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.
PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.
Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?
(BEGIN VIDEOTAPE)
SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.
PILGRIM: What does that say about the value of this bill, sir?
SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.
PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.
SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.
We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.
PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?
SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.
PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?
SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.
PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.
more...
msyedy
01-10 02:06 PM
Hey BacktoSchool
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
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mrajatish
03-25 12:06 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
more...
pappu
04-12 01:16 PM
Please add Immigrationvoice links on other related topics in it. I tried doing that some time back but then saw them removed.
Any wikipedia experts here?
Any wikipedia experts here?
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RNGC
03-20 03:35 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
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gumpena
08-03 10:16 PM
USCIS press release states that it has issued I-485 receipts upto July 11 2007
and for Texas upto June 26, 2007
and for Texas upto June 26, 2007
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go_guy123
07-14 12:49 PM
I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?
Only US citizens can apply for parenst . There is no quota for it and so no backlog. July the processing delay which si not much.
Actually instead sibling (F4) it is faster for
USC to parent getting GC followed by GC parents to unmarried children or GC parent to USC and then to other married children.
Only US citizens can apply for parenst . There is no quota for it and so no backlog. July the processing delay which si not much.
Actually instead sibling (F4) it is faster for
USC to parent getting GC followed by GC parents to unmarried children or GC parent to USC and then to other married children.
more...
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shirish
08-02 07:45 AM
Thanks for the reply,
I do have H1B vaild until jan 2011(Did not use EADso far), and my wife has EAD vaild untill oct 2010. How about my 7 year old son (I had renewed his H4 along with my H1b in 2008 - did not have ead AP that time).
Do I need to do any thing, is it required to renew AP to stay in status.
Thank you
Shirish
I do have H1B vaild until jan 2011(Did not use EADso far), and my wife has EAD vaild untill oct 2010. How about my 7 year old son (I had renewed his H4 along with my H1b in 2008 - did not have ead AP that time).
Do I need to do any thing, is it required to renew AP to stay in status.
Thank you
Shirish
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nousername
10-09 06:48 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
more...
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2003doc
08-18 07:56 AM
immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday.
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
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cygent
11-26 12:14 AM
Hello Friends,
I filed for AOS on 07/2007 (140+485 Pending), stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
I filed for AOS on 07/2007 (140+485 Pending), stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
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poorslumdog
10-12 12:26 PM
Hi Guys,
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
map_boiler
06-28 10:57 PM
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.
Should I use the OPT A# everywhere on the application?
NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.
ramhs
02-06 07:43 PM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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