vinabath
04-22 03:40 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).
If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).
If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
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ski_dude12
09-24 06:44 AM
What was the reason for rejection (both times).
aadimanav
11-02 10:22 AM
I think since in their case there is not Labor Certification process so their PD is the day they file I-140.
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
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averagedesi
08-23 11:33 AM
Folks
My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.
USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.
Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.
My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself
Anybody in the same boat?
Thanks!
PS: if this issue has already been discussed please dont stone me
My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.
USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.
Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.
My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself
Anybody in the same boat?
Thanks!
PS: if this issue has already been discussed please dont stone me
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calaway42
10-04 12:42 AM
lol .. uh-oh.. I think i did something wrong..
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
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GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
more...
cmphr
03-29 02:06 PM
My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..
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rb_248
06-04 09:51 AM
Monday, June 4, 2007
2:30 p.m.: Convene and begin a period of morning business.
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
Morning business @ 2:30 p.m. ??
2:30 p.m.: Convene and begin a period of morning business.
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
Morning business @ 2:30 p.m. ??
more...
BharatPremi
11-09 01:19 PM
to those who replied, i'm sure iv can use all your skills
please make sure your profiles are completed, we cannot proceed without basic contact information on you.
we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...
everyone willing to help is welcome. please do not forget the profile!!!
What main theme do you expect for probable resume?
please make sure your profiles are completed, we cannot proceed without basic contact information on you.
we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...
everyone willing to help is welcome. please do not forget the profile!!!
What main theme do you expect for probable resume?
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kaisersose
06-02 10:42 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.
1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.
2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.
If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.
1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.
2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.
If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.
more...
headhunter
09-27 10:18 PM
Guys-
If someone is asking advice , give it to him professionally. I know, including myself, everyone is frustrated. Quite honestly, most people forget that GC is for the benefit of the company not your benefit. Your benefit just comes along. They have this whole fuckin system because they need people from outside. Not because they love you. It is company that controls GC until you get it. So it is HIS company that is using the tricks of the trade. They can claim that they had lost profit since they did not have a permanent employee for long. All these jumping the queues and rules were framed for the benefit of the company. Not aliens, as they call us.
"If too many indians are ready to work hard by waiting for 10 yrs for their benefit, yeah why not, screw , I am not giving it to you." -- A mind of a Republican congressman
If someone is asking advice , give it to him professionally. I know, including myself, everyone is frustrated. Quite honestly, most people forget that GC is for the benefit of the company not your benefit. Your benefit just comes along. They have this whole fuckin system because they need people from outside. Not because they love you. It is company that controls GC until you get it. So it is HIS company that is using the tricks of the trade. They can claim that they had lost profit since they did not have a permanent employee for long. All these jumping the queues and rules were framed for the benefit of the company. Not aliens, as they call us.
"If too many indians are ready to work hard by waiting for 10 yrs for their benefit, yeah why not, screw , I am not giving it to you." -- A mind of a Republican congressman
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perm
07-11 04:56 PM
Is this true...? if it is, USCIS is in big trouble.
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
link not working
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
link not working
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vactorboy29
02-24 11:54 AM
I can volunter this for Illinois
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nayekal
02-20 06:17 PM
Hi
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
more...
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GC092003
10-09 02:06 PM
I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?
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smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
more...
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purgan
02-11 10:39 PM
I signed as well.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
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karan2004m
09-15 12:12 AM
Dude,
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
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kirupa
01-01 11:22 PM
Are you considering actually creating something in AS1?
:)
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tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
MDix
09-18 10:05 PM
How do we know that there would be more FB Visa. This allocation is by law and whatever left by FB get distributed in EB.
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
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