CCC2006
09-11 03:54 PM
Hi All,
I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.
I tried calling the lawyer but they say that nothing has come up either.
Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.
How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.
Hoping for the best.
I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.
I tried calling the lawyer but they say that nothing has come up either.
Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.
How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.
Hoping for the best.
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chava_100
08-04 12:10 PM
Did you recieve old SS# on new card ? or entirely new SS# ?
whyregisteration
12-19 03:08 PM
Hi, friends,
NIW approved(RD: 7/2006, AD: 1/2007 at SRC) while 485 pending (not current country, July 3rd/2007 submitted and taking a rest in SRC also:)), FP has not received yet, called several times but nothing useful up to now.
Now EB1 just approved, I would like to submit another 485, what problem will cause? I heard that the relink would be a good choice, but I also heard some failed while some succeded :confused:
A lot of thanks for any input:):)
NIW approved(RD: 7/2006, AD: 1/2007 at SRC) while 485 pending (not current country, July 3rd/2007 submitted and taking a rest in SRC also:)), FP has not received yet, called several times but nothing useful up to now.
Now EB1 just approved, I would like to submit another 485, what problem will cause? I heard that the relink would be a good choice, but I also heard some failed while some succeded :confused:
A lot of thanks for any input:):)
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bugmenot
03-29 02:06 PM
does IV have any new updates on the OPT extension? as far as i know the request has been on to DHS from nov but nothings been done about it?
more...
chanduv23
12-25 11:30 AM
Great Idea!
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.
kate123
03-07 01:49 PM
Hi Smuggymba, very sorry to see you in such a situation...
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
more...
milind70
04-07 05:28 PM
sam_gc,
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
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gdilla
07-29 02:44 PM
Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).
This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
more...
latejunefiler
07-12 09:50 AM
Sure.
Hi Can I send you the latest template based on several suggestion, that you could load it on you website?
Hi Can I send you the latest template based on several suggestion, that you could load it on you website?
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Quadrucle
09-15 05:29 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..
more...
starving_dog
10-02 01:06 PM
When I was H1-B, I never surrendered my I-94 and kept re-using my original. I crossed the border at least 25 times without any problem.
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gcwanted101
09-02 08:44 AM
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
more...
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das0
06-16 09:50 PM
InTheMoment,
Thanks for your thoughts.
H1B is dual status.
Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.
Question is:
If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?
I thought EAD (though I-485) and H1b are independent ?
Pls advise
Thanks for your thoughts.
H1B is dual status.
Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.
Question is:
If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?
I thought EAD (though I-485) and H1b are independent ?
Pls advise
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purplehazea
05-02 02:04 PM
Dude get a good attorney, I mean even if someone gives you advice here, we are just rookies!
more...
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kumarc123
09-07 02:28 PM
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
Well I am a optimistic person,
Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.
In the meantime, lets focus on what we really need to do in regards to the pending bill
Good luck to everyone
Well I am a optimistic person,
Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.
In the meantime, lets focus on what we really need to do in regards to the pending bill
Good luck to everyone
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gc_chahiye
10-04 11:41 PM
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
more than scary this is stupid. So if someone with same name as me has a webpage on al-jazeera or some other such site, then I am screwed at the port of entry.
Worse, if I dont like someone just setup a webpage or two in that persons name, pledge allegiance to some fundamentalist Islamic group, put a photo-shopped image of him next to osama bin laden, and the next time that guy tries to re-enter the US... bam... Guantanamo bay! he wont even know what hit him.
Would love to see the look on the CBP officers face to see a photo of the person in front of him with his arms around osama bin laden. A Kodak moment.
I thought the government has enough databases of its own. Why use something as unfiltered and unreliable as the WWW
more than scary this is stupid. So if someone with same name as me has a webpage on al-jazeera or some other such site, then I am screwed at the port of entry.
Worse, if I dont like someone just setup a webpage or two in that persons name, pledge allegiance to some fundamentalist Islamic group, put a photo-shopped image of him next to osama bin laden, and the next time that guy tries to re-enter the US... bam... Guantanamo bay! he wont even know what hit him.
Would love to see the look on the CBP officers face to see a photo of the person in front of him with his arms around osama bin laden. A Kodak moment.
I thought the government has enough databases of its own. Why use something as unfiltered and unreliable as the WWW
more...
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jambapamba
07-05 12:53 PM
I think so too. They were sh*t scared on the number of apps they were going to receive. And just when they were increasing fees and wanting to show how their performance was going to improve, it became current. It would have been a bad rap for them and fee increase would not have been justifiable.
It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.
It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.
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clear485
03-27 01:07 PM
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
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chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
gene77
06-25 06:50 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
a_yaja
10-05 07:14 PM
Hi
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
EAD = Employment Authorization Document. The only restriction it has (for I-485 applicants atleast) is that you I-485 is still pending. If your I-485 is denied/ approved then EAD is no longer valid.
There is no restriction for what the EAD can be used for as long as it is legal work. Not sure why you think there is a restriction on the kind of work you can do with an EAD.
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
EAD = Employment Authorization Document. The only restriction it has (for I-485 applicants atleast) is that you I-485 is still pending. If your I-485 is denied/ approved then EAD is no longer valid.
There is no restriction for what the EAD can be used for as long as it is legal work. Not sure why you think there is a restriction on the kind of work you can do with an EAD.