h1-b forever
04-22 08:33 AM
small correction:
president is not a member of the congress and neither are the judges (separation of powers)
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
president is not a member of the congress and neither are the judges (separation of powers)
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
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alahiri
06-19 11:33 PM
In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
rajuram
11-08 11:54 PM
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
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
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solaris27
02-24 01:26 PM
i don't know but he put it there
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DDash
04-05 08:34 AM
Bump
kaisersose
07-27 07:47 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
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samsu
03-22 08:31 AM
Hi,
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
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GCFrenzy
05-19 12:42 PM
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
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munnu77
04-15 03:21 PM
Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
Contact an attorney, i am sure there is a way out.
if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
Contact an attorney, i am sure there is a way out.
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desi3933
08-26 02:29 PM
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
>> Will that abandon her I-485 filed as a dependent?
No.
________________
Not a legal advise.
>> Will that abandon her I-485 filed as a dependent?
No.
________________
Not a legal advise.
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tabletpc
10-15 02:48 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
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ngopikrishnan
07-12 09:47 PM
AP and EAD Renewal Paper filed at TSC - Self Filed
USPS'd AP & EAD apps - 6/2
Reached TSC - 6/3
Receipt Date - 6/4
LUDs on AP & EAD apps - 6/11
AP Approval Email (for myself & spouse) - 6/29
LUDs on AP apps (for myself & spouse) - 6/30
APs (for myself & spouse) received on - 7/4
EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.
USPS'd AP & EAD apps - 6/2
Reached TSC - 6/3
Receipt Date - 6/4
LUDs on AP & EAD apps - 6/11
AP Approval Email (for myself & spouse) - 6/29
LUDs on AP apps (for myself & spouse) - 6/30
APs (for myself & spouse) received on - 7/4
EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.
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jchan
05-05 09:59 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
So how can we influence them through this 'public commenting' period? Would that make any change at all?
So how can we influence them through this 'public commenting' period? Would that make any change at all?
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mallu
02-17 10:00 PM
I believe the spillover will come from ROW EB3
I was wondering what are the rules regarding the 'overflow' stuff. Any document ?
I was wondering what are the rules regarding the 'overflow' stuff. Any document ?
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motown
08-23 08:08 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Each county has a 7% cap limit.
Backlog Processing centers reported way back in early 2005 that they have
~180,000 cases.If most of the 2001 cases are cleared in the current fiscial year, we should see some movement in the October bulletin for ROW.
Motown
Thanks
Each county has a 7% cap limit.
Backlog Processing centers reported way back in early 2005 that they have
~180,000 cases.If most of the 2001 cases are cleared in the current fiscial year, we should see some movement in the October bulletin for ROW.
Motown
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rajbgp2002
12-22 07:28 PM
thanks for all response.
It was very helpful in understanding.
I wonder how strictly the SAME OR SIMILAR job is defined.
Should the job description match exactly the labor certification.
It was very helpful in understanding.
I wonder how strictly the SAME OR SIMILAR job is defined.
Should the job description match exactly the labor certification.
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desi3933
07-20 04:26 PM
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Incorrect.
One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.
______________________
Not a legal advice.
Incorrect.
One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.
______________________
Not a legal advice.
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newuser
08-17 12:10 PM
For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.
I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.
I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.
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immilaw
09-17 05:58 PM
Folks,
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
It looks like your brother is on J-1 Visa waiver program. My advise to him is to speak with an attorney.
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
It looks like your brother is on J-1 Visa waiver program. My advise to him is to speak with an attorney.
jkays94
04-09 11:22 AM
Its still better to try than not to try at all. If any IV members are in Sensenbrenner's, Peter King's (NY) (co-sponsor HR4437) districts as well as Lamar Smith's (TX) they could try and set up some meetings. I think meetings may potentially have a positive effect. As is evident from other postings, some congressional staff members do not know the difference between GC's and H1-Bs, others view high skilled workers the same way they view low skilled workers, and others have no idea about the hardships EB applicants go through, yet it is these same staff members who are charged with keeping the law makers informed or conducting research. While it might be futile to try in some of these cases, it doesn't hurt to do so.
ps57002
10-10 05:42 AM
I'm working for nonprofit so am cap exempt...but I know my employer won't want to go through it all if it costs more $.
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