gc_chahiye
07-13 10:48 AM
What about ... "Allow 485 apps based on original July bulletin(accept July filers only)"
yeah. also, allow EAD+AP if I140 is approved, but dont allow 485 filing.
yeah. also, allow EAD+AP if I140 is approved, but dont allow 485 filing.
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Dhundhun
04-29 02:40 AM
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
god_bless_you
06-14 09:14 PM
From Today's Lou Dobb's....
Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
Here's the problem...
SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.
What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.
REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.
So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.
SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.
(END VIDEOTAPE)
SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.
PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.
Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?
(BEGIN VIDEOTAPE)
SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.
PILGRIM: What does that say about the value of this bill, sir?
SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.
PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.
SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.
We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.
PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?
SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.
PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?
SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.
PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.
Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
Here's the problem...
SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.
What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.
REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.
So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.
SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.
(END VIDEOTAPE)
SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.
PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.
Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?
(BEGIN VIDEOTAPE)
SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.
PILGRIM: What does that say about the value of this bill, sir?
SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.
PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.
SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.
We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.
PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?
SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.
PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?
SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.
PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.
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armadain
05-10 10:18 PM
I have a i 94 problem.
i got my h1b approval(797).
went to india last december.
in the airline, i returned my old i94 instead of the i94 on the 797 form.
came back to US. the immigration officer didnt issued a new i94. i still have the 797 i 94 with me. not sure if that is the reason he didnt issued me a new i94 cause he saw my 797 i94 with me.
also my passport doesnt have a date of entry stamp on it.( at US)
is this a problem when i go outside US .?
i got my h1b approval(797).
went to india last december.
in the airline, i returned my old i94 instead of the i94 on the 797 form.
came back to US. the immigration officer didnt issued a new i94. i still have the 797 i 94 with me. not sure if that is the reason he didnt issued me a new i94 cause he saw my 797 i94 with me.
also my passport doesnt have a date of entry stamp on it.( at US)
is this a problem when i go outside US .?
more...
joydiptac
05-18 06:44 PM
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
Alabaman
06-16 09:19 AM
I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.
more...
dilbert_cal
02-09 11:08 AM
If you have a choice of LOA, you should go ahead and take it.
RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.
Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.
Best of luck and hope you get your GC soon.
RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.
Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.
Best of luck and hope you get your GC soon.
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andycool
02-11 05:03 PM
Hi everyone,
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Did you move to a different state after filing at NSC ??
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Did you move to a different state after filing at NSC ??
more...
gc_chahiye
10-26 03:43 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
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smuggymba
06-02 10:07 AM
Buying insurance and filing claim are two completely different things and experiences. The first step of insurance companies is to deny claim...this is built in their business model.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
more...
rbharol
11-02 01:06 AM
www.littlerglobal.com
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thakkarbhav
11-17 12:31 PM
I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
more...
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gauravster
05-06 12:10 PM
While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).
Thanks,
Gaurav
Thanks,
Gaurav
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vinabath
07-02 03:05 PM
I paid for a 2007 labor for 15k. Now I am screwed.
more...
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sundar99
02-18 12:14 AM
I suspect there may be a backdoor to it
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belmontboy
08-14 08:28 PM
USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
good morning.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
good morning.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
more...
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imh1b
02-07 10:16 AM
Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.
What about the Legal Indians? The so called best and the brightest.
Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs
What about the Legal Indians? The so called best and the brightest.
Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs
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foobar2001
11-14 02:17 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
Can anyone confirm this?
best,
-andy
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chanduv23
11-05 05:16 AM
Wow, Tri State has 88 registered members (all 3 states combined).
I think TX is really doing great in that sense. Come on TX folks, this is your chance. Join the State chapter and help yoursleves
I think TX is really doing great in that sense. Come on TX folks, this is your chance. Join the State chapter and help yoursleves
Sakthisagar
06-07 08:44 AM
Hi,
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
sdrblr
05-10 10:46 AM
I sent one for my daughter's PIO 2 weeks ago and got it back on the 6th biz day. They do a great job for $12 service fee :)
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