donsimahajan
06-20 05:46 PM
The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
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Enebreus
02-09 10:00 AM
Hot damn, that was an exciting finish!!!
Thanks to everyone that voted for The Swarm. Your bribes are forthcoming :P
Congrats Iamtheuggler... I'll get you next contest ;)
Thanks to everyone that voted for The Swarm. Your bribes are forthcoming :P
Congrats Iamtheuggler... I'll get you next contest ;)
nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
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mambarg
07-20 04:44 PM
Receipt notice not sure how long. I have not yet got it.
Approval notice has already come via mail in 7 days precise after status approved.
Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
I am not sure.
This is exactly same case for another colleauge.
Approval notice has already come via mail in 7 days precise after status approved.
Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
I am not sure.
This is exactly same case for another colleauge.
more...
mpadapa
01-21 12:57 PM
Caliber, sorry to miss U'r presence. Hope you R actively working on the letter campaign
Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.
Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.
mps
06-24 11:28 PM
Article says all pending application ...
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
more...
cagedcactus
10-25 08:55 AM
I have received the EAD, but no AP.... same case with my wife...
We havent received our FP yet...
does online status change to show FP update? Maybe folks with FP done can confirm this...
thanks..
We havent received our FP yet...
does online status change to show FP update? Maybe folks with FP done can confirm this...
thanks..
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Heart
10-09 02:40 PM
from the immigration rules I got to know that if I-94 is near expiring, then an official from CBP (international airports only) can change it and provide a new one. HOwever, it it is expired, you have to cross border and re-enter to get a new valid I-94.
I will write more as I get to know.
I will write more as I get to know.
more...
Can2004
08-03 10:19 AM
How often is finger printing required/asked for during the 485 process.
Thanks
Thanks
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h1b_forever
09-13 02:08 PM
It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting
more...
justAnotherFile
07-14 07:04 PM
some of the countries like Phillipines may have more schedule A numbers. That is why the total number of EB for 2006 is 157xxx (above 140K).
If the schedule A usage was higher, then they may not reach 7% country limits yet for EB1,Eb2,EB3
If the schedule A usage was higher, then they may not reach 7% country limits yet for EB1,Eb2,EB3
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
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walking_dude
01-18 03:25 PM
Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many
IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.
IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.
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mpadapa
03-14 10:18 AM
Please don't dilute the admin fix effort by starting another letter campaign.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
more...
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mmk123
04-16 07:32 PM
My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.
They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.
What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.
Appreciate your help,
thanks!
They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.
What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.
Appreciate your help,
thanks!
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eilsoe
10-16 09:50 AM
TIFA!!!!
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injrav
07-27 02:53 PM
1. university of illionis springfield
Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)
I think TOEFL is mandatory but not sure about GRE
2. bridge water state college MASACHUESETTES
School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)
mean while let me explore the colleges which you shared with me
Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)
I think TOEFL is mandatory but not sure about GRE
2. bridge water state college MASACHUESETTES
School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)
mean while let me explore the colleges which you shared with me
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pappu
05-28 03:11 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
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ashkam
08-03 09:44 AM
If Priority date is 'Current', you can't apply for H1 extension!
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.
pappu
04-24 03:46 PM
Congrats to everyone getting greencard approvals. The forward movement of dates has helped a lot of our members. let us hope they keep moving the dates forward and do not waste any visas this year.
Hopeful123
05-19 06:45 PM
Has anybody in this group(i.e. whose I-140 was transferred to TSC from NSC recently) seen any movements in their case? I am in the same boat, I-140 filed May'07 at NSC and moved to TSC in Apr'08. I saw one more related thread but haven't seen any approvals recently.
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
