kshitijnt
06-28 05:57 PM
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
mheggade
07-20 01:13 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
thamizhan
07-17 10:10 PM
We can update ourself with the status of the receipt number, so that every body can get a feel about the time lines.
more...
roseball
07-20 06:03 PM
Hi
I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.
Does anyone have any insight into this???
I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????
Any ideas or knowledge on the process would be much-appreciated.
(I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).
PD: 07/16/2004
I -140 Approval: 02/20/2007
I-485 (July 2007) -
VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
Biometrics: 11/05/2007
You could also take an InfoPass appointment and talk to an Immigration Officer face to face to get more clarity on your case.
I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.
Does anyone have any insight into this???
I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????
Any ideas or knowledge on the process would be much-appreciated.
(I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).
PD: 07/16/2004
I -140 Approval: 02/20/2007
I-485 (July 2007) -
VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
Biometrics: 11/05/2007
You could also take an InfoPass appointment and talk to an Immigration Officer face to face to get more clarity on your case.
StukAtBEC
02-16 10:19 PM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
more...
gultie2k
07-02 08:41 PM
Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
Thanks
Thanks
sanju_dba
09-14 02:17 PM
There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?
Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
this way a constant fund raising process can be established.
thats my thinking, please pardon my ignorance if any!
Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
this way a constant fund raising process can be established.
thats my thinking, please pardon my ignorance if any!
more...
TheCanadian
11-06 03:06 AM
Eat all of that AJ!
raghav0
11-12 11:00 AM
Thanks for the posting...just voted!
more...
svm
09-01 10:24 AM
I suggest call the service center (texas or nebraska) where your case is as cases are approved by TSC or NSC not by field offices.
I got the FP notice yesterday. So it seems it is going as was told earlier
I got the FP notice yesterday. So it seems it is going as was told earlier
rb_248
01-13 02:21 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
Let us somehow try and push SKIL bill. It almost got to the floor last time.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
Let us somehow try and push SKIL bill. It almost got to the floor last time.
more...
ilwaiting
09-27 11:26 AM
Unless one were being paid a EB2 salary back then but employer filed you in EB3.
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
siravi
11-23 10:22 AM
nihar,
a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)
1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.
a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)
1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.
more...
Kapils573
10-17 05:28 PM
My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?
Thanks,
Kapil
Thanks,
Kapil
belmontboy
01-26 02:22 PM
Hi Friends, I searched through some of the prior posts and did not find the answer. I am not looking for cities to live in from the point of view of job, taxes, weather, desi population, desi amenties such as movies, restaurants etc. I am looking for answers from our indian friends living in various parts of usa, about where they felt was the best place for their children to live and go to school in terms of less racism and equal opportunities at school and playgrounds. I am also not looking at the whole state but cities themselves.
Many of us can't choose our job and where we want to live. but children are more vulnerable than us and in an environment you may not be able to control. A pooled information from my friends will be useful to me and I am sure my other friends. Also information about cities which you didn't like from your children's point of view and may reconsider living in if you had a chance.
I will say it first- some of the smaller cities in PA are not the best for your children.
Thanks in advance.
you could consider - Torrance, CA .
Warm Socal weather, beautiful and affordable houses, proximity to Beach, very good school districts, close to LA and SD.
Loving every minute of my stay there :)
Many of us can't choose our job and where we want to live. but children are more vulnerable than us and in an environment you may not be able to control. A pooled information from my friends will be useful to me and I am sure my other friends. Also information about cities which you didn't like from your children's point of view and may reconsider living in if you had a chance.
I will say it first- some of the smaller cities in PA are not the best for your children.
Thanks in advance.
you could consider - Torrance, CA .
Warm Socal weather, beautiful and affordable houses, proximity to Beach, very good school districts, close to LA and SD.
Loving every minute of my stay there :)
more...
MLS
07-12 01:56 PM
On the second thought --- Do you think PR or Citizen Desi's are for us? Any thoughts?
Yes they are. I recently got GC and I am with you. I know many freinds who got GCs long time back but they didnt know whats going on currently. Once I tell them they do support us. So making them aware is the key.
Yes they are. I recently got GC and I am with you. I know many freinds who got GCs long time back but they didnt know whats going on currently. Once I tell them they do support us. So making them aware is the key.
STAmisha
07-30 04:48 PM
Yes. It is called interfiling
whattodo
03-25 02:24 PM
Click on view questions and then write immigration on search box and click on search. You will see immigration questions. Economy might be the main theme but all kinds of questions are accepted.
gc_on_demand
04-04 07:38 AM
Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
sbabunle
12-17 09:45 PM
Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
they all cleared we may get a better picture of the Plight of EB3 & EB2.
My guess is that anybody who has a PD (India)
Jan 2003-Dec2003 9 years
Jan04-Dec04 12 years
Jan 05 > 15 years
as per present law.
This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.
One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
Good luck to all
babu
they all cleared we may get a better picture of the Plight of EB3 & EB2.
My guess is that anybody who has a PD (India)
Jan 2003-Dec2003 9 years
Jan04-Dec04 12 years
Jan 05 > 15 years
as per present law.
This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.
One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
Good luck to all
babu