apnair2002
08-29 03:09 PM
http://www.visalaw.com/06aug3/1aug306.html
The doldrums of August continue on Capitol Hill. Congress is out of session and so there is little visible progress to report on the immigration bill. But that doesn�t mean that there is no news at all. We are still getting indications that the Senate and the House are engaged in quiet negotiations over the framework for a compromise and there were news reports this week that the White House has also been working to encourage a deal. It still appears that the "triggers" concept could be the answer. The idea that has been promoted by several in the GOP is that the legalization provisions in the immigration bill would be delayed until after border security measures are put in place. Expect things to heat up in September.
The doldrums of August continue on Capitol Hill. Congress is out of session and so there is little visible progress to report on the immigration bill. But that doesn�t mean that there is no news at all. We are still getting indications that the Senate and the House are engaged in quiet negotiations over the framework for a compromise and there were news reports this week that the White House has also been working to encourage a deal. It still appears that the "triggers" concept could be the answer. The idea that has been promoted by several in the GOP is that the legalization provisions in the immigration bill would be delayed until after border security measures are put in place. Expect things to heat up in September.
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gsc999
05-28 01:49 AM
http://www.azstarnet.com/dailystar/news/131146
Seems that senators had only 1 hour to look through the 115 page manager amendment and lot of stuff was sneaked in that would not have passed otherwise... I wonder how it would stand the scrutiny of the conference. I am puzzled as to why they had to sneak-in legal immigration provisions in the last minute.... Is it that controversial ?
Manager's amend. are those amend. which are non-controversial and have been agreed to by majority bi-partisan senators. People who are calling the manager's provision as "sneaky," etc are against any immigration. This is another pretext to beat the dead horse.
It seems that you missed out on the exciting live action in the Senate.
Senate just didn't have time to discuss all the amendments and provision. This issue about who will have how many amendments was a problem issue from the start. After the motion for cloture was filed they had to end the never ending discussion and pass the bill. CIR bill was 641 page bill, addying 115 more pages is roughly 20% more. Also you need to look at the number of amendments not just the number of pages.
Seems that senators had only 1 hour to look through the 115 page manager amendment and lot of stuff was sneaked in that would not have passed otherwise... I wonder how it would stand the scrutiny of the conference. I am puzzled as to why they had to sneak-in legal immigration provisions in the last minute.... Is it that controversial ?
Manager's amend. are those amend. which are non-controversial and have been agreed to by majority bi-partisan senators. People who are calling the manager's provision as "sneaky," etc are against any immigration. This is another pretext to beat the dead horse.
It seems that you missed out on the exciting live action in the Senate.
Senate just didn't have time to discuss all the amendments and provision. This issue about who will have how many amendments was a problem issue from the start. After the motion for cloture was filed they had to end the never ending discussion and pass the bill. CIR bill was 641 page bill, addying 115 more pages is roughly 20% more. Also you need to look at the number of amendments not just the number of pages.
superdude
07-18 05:04 PM
That one gives the description of the plight of GC aspirants not what kind of scenarios in different phases of GC are contributing this plight. What specific action by a congressman has to be taken which section of the law has to be modified in what exact wording should be. Many people say about issues and plight but what exactly has to be done and where and by whom. Sorry if I still missed the info other than the one you gave in the link
Please contribute as much as you can. IV Core will do their best to resolve many of our problems.The issues you mentioned are some of the issues core has been working.
Please contribute as much as you can. IV Core will do their best to resolve many of our problems.The issues you mentioned are some of the issues core has been working.
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lecter
February 4th, 2004, 08:58 PM
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the gorgeous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossy mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.Based on this Steve, would it be safe to say that a 1D. as is, would still be a viable product to have on the shelves (notwithstanding that it would effect sales of the new one and that's why they don't)? I think there is room for a 1D in it's current MP capacity, but with the 1D Mark II improvements.. (Shooting RAW at 4MP that is)
Thoughts?
Thoughts?
more...
gcwanter
03-02 03:13 PM
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
do you know where i can find the exact text to make this certain?
or is there any?
do you know where i can find the exact text to make this certain?
or is there any?
karthkc
02-29 11:26 AM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
more...
abh
07-30 02:53 PM
Forgot to mention service center is NSC.
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nish17
05-24 12:31 PM
Fax sent
more...
bomber
08-16 03:47 PM
I think my original question still remains unanswered.
1. I do not have my I-485 receipt notice(I do have the numbers though)
2. I do not have EAD/AP(Employer did not let us apply)
3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.
Can I invoke Ac21 somehow?
1. I do not have my I-485 receipt notice(I do have the numbers though)
2. I do not have EAD/AP(Employer did not let us apply)
3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.
Can I invoke Ac21 somehow?
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alp_waj
11-07 04:36 PM
Thanks guyz !!
I did spoke with Sheila Murthy Lawyers on chances of maintaining GC processing and Consular processing.
My firm is OK with my long Leave of Absence...Only thing that threw spanner in the wheel was comment from Sheila Murthy firm's advise.
Per them, to renew AP and EAD, I need to be phsically back in states and also stay in States for the duration of approval i.e. if it takes 3 months for renewal of AP and EAD, then I need to be in States for that duration.
I asked them what if I can apply 5months in advance, from Outside US and someone can fedex it to me. Max I can come back for few days.
.. Per them this will not work...
What do you guyz say ?
Many thanks !
I did spoke with Sheila Murthy Lawyers on chances of maintaining GC processing and Consular processing.
My firm is OK with my long Leave of Absence...Only thing that threw spanner in the wheel was comment from Sheila Murthy firm's advise.
Per them, to renew AP and EAD, I need to be phsically back in states and also stay in States for the duration of approval i.e. if it takes 3 months for renewal of AP and EAD, then I need to be in States for that duration.
I asked them what if I can apply 5months in advance, from Outside US and someone can fedex it to me. Max I can come back for few days.
.. Per them this will not work...
What do you guyz say ?
Many thanks !
more...
willwin
10-19 09:21 AM
There were about 600,000 AOS applications including the July and August filers. So that number less 60,000...roughly about 540,000 applications still pending with USCIS....
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
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kirupa
04-01 11:30 PM
Btw, I'm detecting some odd voting patterns such as a few entries suddenly jumping up in rank from votes from members who registered recently and have similar/identical IPs.
This isn't taken lightly, and once the poll is wrapped up, the offending entries will have their votes subtracted.
This isn't taken lightly, and once the poll is wrapped up, the offending entries will have their votes subtracted.
more...
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Ram_C
03-03 03:37 PM
How long is it taking for renewing passport at San Francisco?
I submitted my passport renewal application by hand on 25th Feb, and got a pickup date of 17th Mar.
looks like SFO is bit slow in processing passport renewals.
I submitted my passport renewal application by hand on 25th Feb, and got a pickup date of 17th Mar.
looks like SFO is bit slow in processing passport renewals.
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punjabi
09-17 12:07 AM
Hi,
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
more...
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nybear1
07-20 09:24 AM
I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
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prolegalimmi
10-02 03:50 PM
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Hello Krishnam
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Hello Krishnam
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
more...
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ramaonline
03-18 02:39 AM
First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
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eb3_2004
08-26 07:11 AM
I live in Downtown Chicago...Add me into this chapter
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H1B-GC
02-28 03:43 PM
Kudos to all the sacrifices done by the core members!! i am gonna contribute for the 3rd time now!! Better WE ALL do it now or wait for many years to get our GC.This is the closest we could all come to change the immigration draft in our favor.
Fence sitters,please spread the word to all and everyone.Please open ur hotmail,yahoo or google email account TODAY and send this link to all and everyone. Atleast few of them with +vely respond to this request and that really adds up to the total.Again, PLEASE....
Fence sitters,please spread the word to all and everyone.Please open ur hotmail,yahoo or google email account TODAY and send this link to all and everyone. Atleast few of them with +vely respond to this request and that really adds up to the total.Again, PLEASE....
franklin
06-18 06:49 PM
Franklin, sroym
IV is not an Indian organization. If this is one of the reasons why few non-indian members are not making donations then please re-consider your decision and start donating.
Also let us not dillute our fight by expanding the fight to include other problems. Once we achieve desired results, we can continue to pick up other problems and lead the fight.
--sri
What part of my post indicated that I had not donated?! I was responding to claims that other nationalities affected have not stepped up and offered their time to help, in response to some one else's claim in this thread. I also suggested that the media tends to report what it wants to and this is not necessarily the full truth.
As a side note, you try pursuading people to join up here that don't fit into the demographic most vocal on this forum (i.e. anyone that is not Indian)... Which, incidently, is the group that I know and interact with (i.e. greencard applicants that are not Indian), and try and pursuade them that this group represents them too, when half of the posts say (paraphrasing) "well, its only the indian and chinese group that faces problems". I can guarantee you that this is extremely tricky when you ask people to see beyond the bias on a forum and pony up their cash.
It is this very reason, that when I see a thread that could be read negatively by this demographic, I do my best to remind people to be sensitive of this fact. How would you feel if you were being begged to contribute money, and then told that this issue doesn't affect you (which has happened to me)? Every single person on this forum needs to realize that, and I'm NOT talking about the core team, they do a fantastic job and acknowledge every single person's issues regardless of nationality, but does every single poster here?
srikondoji, you will also notice that the FBI name check is part of the IV agenda. There have been multiple posts regarding this. There is even a headline currently posted on the front page about this very issue.
IV is not an Indian organization. If this is one of the reasons why few non-indian members are not making donations then please re-consider your decision and start donating.
Also let us not dillute our fight by expanding the fight to include other problems. Once we achieve desired results, we can continue to pick up other problems and lead the fight.
--sri
What part of my post indicated that I had not donated?! I was responding to claims that other nationalities affected have not stepped up and offered their time to help, in response to some one else's claim in this thread. I also suggested that the media tends to report what it wants to and this is not necessarily the full truth.
As a side note, you try pursuading people to join up here that don't fit into the demographic most vocal on this forum (i.e. anyone that is not Indian)... Which, incidently, is the group that I know and interact with (i.e. greencard applicants that are not Indian), and try and pursuade them that this group represents them too, when half of the posts say (paraphrasing) "well, its only the indian and chinese group that faces problems". I can guarantee you that this is extremely tricky when you ask people to see beyond the bias on a forum and pony up their cash.
It is this very reason, that when I see a thread that could be read negatively by this demographic, I do my best to remind people to be sensitive of this fact. How would you feel if you were being begged to contribute money, and then told that this issue doesn't affect you (which has happened to me)? Every single person on this forum needs to realize that, and I'm NOT talking about the core team, they do a fantastic job and acknowledge every single person's issues regardless of nationality, but does every single poster here?
srikondoji, you will also notice that the FBI name check is part of the IV agenda. There have been multiple posts regarding this. There is even a headline currently posted on the front page about this very issue.
champu
03-12 07:08 PM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
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