WTFever
12-02 06:49 PM
Well this is the non-immigrant section, and I also said I was not sure where to post it. Care to give me a clue?
abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
msandhu
08-07 04:33 PM
You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days
Cataphract
05-25 08:53 AM
I just read this article in the paper today and wanted to share it with all of you.
It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.
No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.
I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.
I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.
I think we have a very good chance getting it published in one of these papers and it will have a huge impact.
This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.
Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.
http://www.nytimes.com/2007/05/25/us/25poll.html?hp
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews
For some reason my uploads of PDF's failed, so I am adding links.
It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.
No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.
I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.
I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.
I think we have a very good chance getting it published in one of these papers and it will have a huge impact.
This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.
Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.
http://www.nytimes.com/2007/05/25/us/25poll.html?hp
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews
For some reason my uploads of PDF's failed, so I am adding links.
more...
honeyB
01-23 04:21 PM
bump
frostrated
07-09 01:26 PM
Dear Mr. ------:
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
more...
bharad
06-22 03:05 PM
Its better to change your employer.
Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.
Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.
Cheers!!!
Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.
Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.
Cheers!!!
YesWeWillGet
09-23 08:13 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
more...
beautifulMind
02-23 04:41 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
sideeque
12-27 03:05 PM
I have visited India with old Employer Vis a Stamp. We just need to show the new I797 approval notice. They will update I-94 with the new date.
But if your visa expired, then you need to stamp. otherwise should be fine...
But if your visa expired, then you need to stamp. otherwise should be fine...
more...
samcam
10-24 01:44 PM
I guess it depends.. Initital fee is $2000 and then there are add ons to it based on different scenarios (none of them less than 250$ per person).
sameerkhan7860
07-02 11:22 PM
I wrote to cnn.com highlighting the plight of us aspiring "legal" immigrants, if cnn won't cover it, I am planning to write to Lou Dobbs, if I am given the opportunity to be come a naturalized citizen, he is definitely going to listen to me :)
more...
chapsi29
09-15 10:51 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
vban2007
06-07 03:16 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
PLS LOOK AT THIS...
I M IN TH SAME BOAT CONFUSED...
http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf
Should I send the EAD renewal to NSC or CSC??
Please let me know.
PLS LOOK AT THIS...
I M IN TH SAME BOAT CONFUSED...
http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf
more...
Fugu
01-11 01:53 PM
Thank you both for your replies.
I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?
I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?
vin
11-05 02:57 PM
Usually, USCIS comes close to a grinding halt during the holiday season. People who see some progress in their applications during this period should consider themselves lucky. I would say people shouldn't bother too much until beginning of next year and should enjoy the holidays without any undue stress or tension.
more...
royus77
09-02 06:29 PM
Please stop opening new threads which are not related to immigration
I got 2 red dots for this .....Crazy people
I got 2 red dots for this .....Crazy people
maddipati1
12-11 02:06 PM
emmNemm,
read page 3&4 in the instructions for I-131 in the link below
http://www.uscis.gov/files/form/I-131instr.pdf
it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.
options,
> getting H4 VISA stamped
> apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)
better get a legal advice.
leo,
cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
read page 3&4 in the instructions for I-131 in the link below
http://www.uscis.gov/files/form/I-131instr.pdf
it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.
options,
> getting H4 VISA stamped
> apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)
better get a legal advice.
leo,
cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
rakesh_one
03-20 03:25 PM
I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
GotFreedom?
11-12 09:09 AM
I e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.
So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.
Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.
My 2 paise!!!
So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.
Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.
My 2 paise!!!
redgreen
05-10 11:40 AM
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
Let us start the prediction, analysis, etc, game for the July Bulletin.
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