STAmisha
07-09 05:52 PM
My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.
Regd experience, I dont know if USCIS calls an employer.
Regd experience, I dont know if USCIS calls an employer.
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arnet
09-15 01:04 PM
i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
milind70
11-06 12:49 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
2011 Poster Gallery gt Rugrats
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02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh5O06ReLOJtfey0TSTVR5ZGp0wZegl27bHZv8iacMghEsPPit9qjsd8L-CliCbfgirxdXJUYTzPH1XFnYSxgJpqnUlSTBtaetm5avfILiq9X6xyzhua79OZmtFDk1C4pswwIPLjS457TM/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh5O06ReLOJtfey0TSTVR5ZGp0wZegl27bHZv8iacMghEsPPit9qjsd8L-CliCbfgirxdXJUYTzPH1XFnYSxgJpqnUlSTBtaetm5avfILiq9X6xyzhua79OZmtFDk1C4pswwIPLjS457TM/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh5O06ReLOJtfey0TSTVR5ZGp0wZegl27bHZv8iacMghEsPPit9qjsd8L-CliCbfgirxdXJUYTzPH1XFnYSxgJpqnUlSTBtaetm5avfILiq9X6xyzhua79OZmtFDk1C4pswwIPLjS457TM/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh5O06ReLOJtfey0TSTVR5ZGp0wZegl27bHZv8iacMghEsPPit9qjsd8L-CliCbfgirxdXJUYTzPH1XFnYSxgJpqnUlSTBtaetm5avfILiq9X6xyzhua79OZmtFDk1C4pswwIPLjS457TM/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
more...
chanduv23
09-17 07:46 AM
Me sitting in Queens right now at home - waiting for wife to come back from her night duty at the hospital
I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.
Will definitely try to make it to the reception
Come on dear folks - lets all make it to DC.
I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.
Will definitely try to make it to the reception
Come on dear folks - lets all make it to DC.
HRPRO
02-10 12:46 PM
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
You should be good Krish
You should be good Krish
more...
menezeswayne
12-11 03:05 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
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rsdang
08-22 12:11 PM
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
more...
eb3retro
03-05 02:21 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
u got ur response from wandmaker..so long, we WON'T miss you.
u got ur response from wandmaker..so long, we WON'T miss you.
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jliechty
November 17th, 2004, 02:55 PM
My first advice would be to bump up the ISO for indoor shots, so the shutter speed will be faster and you will be able to avoid blurred movement. In full auto mode, cameras may not increase the ISO above some unreasonably low number, like 400. Try going to a mode that lets you pick the ISO (program?) and set it to 1600 (with a DSLR the noise will be much less than 1600 ISO film grain, so don't be afraid to experiment).
Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)
Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)
more...
pd052009
04-28 04:11 PM
One of my friends who applied in Jan, got it in 2 weeks. I haven't heard of any delays.
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eb3retro
04-30 09:23 PM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
more...
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bang
04-06 10:51 AM
Sorry to hear about your dad's health.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
You are eligible for a Emergency Appointment as long as you are returning to work in US (H1B), dont worry, just go you can get an emergency appointment without any documentation required.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
You are eligible for a Emergency Appointment as long as you are returning to work in US (H1B), dont worry, just go you can get an emergency appointment without any documentation required.
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hoggus
11-30 01:14 AM
Thank you very much for the replies.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
more...
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geniousatwork
04-13 03:26 PM
Congratulations....Hope we have more approvals.
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nviren
02-24 01:51 PM
Hi,
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
more...
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Rajkrish9
10-31 11:31 AM
Public can enlighten their experiences..
Thanks in Advance.
Raj.
Thanks in Advance.
Raj.
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dvvb
03-01 01:53 PM
My case:
Worked with Co. A from 2000 - 2005
Labor filed in EB3. Priority date May/2003
Worked with Co. B from 2005 - 2008
Co. A Labor approved in Feb 2008
I-140 filed and approved in Mar 2008
I-485 Filed in June 2008 as future employee
Working with Co. C from Nov 2008 on EAD.
Now Co. A filed for chapter 11 and closed their shop.
Atty. from Co. C said to file AC21.
What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?
Anyone in similar situation or have an idea next steps.
Worked with Co. A from 2000 - 2005
Labor filed in EB3. Priority date May/2003
Worked with Co. B from 2005 - 2008
Co. A Labor approved in Feb 2008
I-140 filed and approved in Mar 2008
I-485 Filed in June 2008 as future employee
Working with Co. C from Nov 2008 on EAD.
Now Co. A filed for chapter 11 and closed their shop.
Atty. from Co. C said to file AC21.
What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?
Anyone in similar situation or have an idea next steps.
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ca_immigrant
05-16 04:17 PM
thanks for the replies again...
Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.
So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...
but in any case, I have asked my company's lawyer also, will post here once I hear back from him...
Now begins another waiting game ...
Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.
So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...
but in any case, I have asked my company's lawyer also, will post here once I hear back from him...
Now begins another waiting game ...
dixie
08-18 12:44 PM
There wont be too many takers for this premium processing for EB3. whats the point in getting i-140 in a jiffy if you have to wait 4+ years to file 485 after that ? The only ones it can help are those seeking 3 year extensions and those seeking to change employers.
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
harikris
05-20 08:09 PM
President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.