gc4me
07-01 01:34 PM
Actually I am the first person who pitched the idea to IV of Issuing Temporary GC when visa is retrogressed.
Looks like some bill must have been sneaked in and passed and been signed to law by our honorable prez. I WISH. :D
Looks like some bill must have been sneaked in and passed and been signed to law by our honorable prez. I WISH. :D
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desi3933
02-15 06:27 AM
What I understood is that an alien can be granted a PR only when visas are available...
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not available...
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
This means that visa number must be available at the time of filing I-485.
For a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not available...
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
This means that visa number must be available at the time of filing I-485.
For a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
eb3India
06-08 03:50 PM
Did anyone research whether it is possible to get some relief through rulemaking, instead of legislation? For example, there is no 'explicit' prohibition against issuing employment authorization to spouses of H1bi employees. The rule-making agency (in this case the DHS or USCIS) can grant a benefit that spouses be provided with employment authorization. Recently, the USCIS actually did provide regulatory relief by de-coupling the H1bi period of stay from the period of stay in H4 status. An idea to consider...
well I don't think anyone spent time in understanding current law and try to work for us,
current immigration law is very subjective and many organizations or interpretting for their own advantage,
we just need to put some effort to see how we can close certain loopholes and make better for us, e.g. labour subst, was big loophole, thank god itz closed now,
I think we should not discuss stratergies any more in this public forum and should take this outside either on conf call or thru private message
well I don't think anyone spent time in understanding current law and try to work for us,
current immigration law is very subjective and many organizations or interpretting for their own advantage,
we just need to put some effort to see how we can close certain loopholes and make better for us, e.g. labour subst, was big loophole, thank god itz closed now,
I think we should not discuss stratergies any more in this public forum and should take this outside either on conf call or thru private message
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Kodi
06-26 10:25 AM
Its 11am now and I believe they're supposed to start at 10am. Does anyone know what's going on?
more...
gapala
03-20 10:16 PM
gapala -
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
see in red.
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
see in red.
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
royus77
07-06 09:41 PM
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
Looks like DHL is having issues in delivery ..whats yours
sorry again about your news.
Looks like DHL is having issues in delivery ..whats yours
more...
akr_roy
07-21 09:13 AM
Hey Risker,
It is a FACT that you/your class is more agrieved than any other possible class. But we need to be high on intellect and low on emotions. There is reason to wait till SEP. Besides although I am not sure but Labor and I-140s are for the Employers and Employees take over only in the I-485 stage. So we need to strategize instead of doing wishfull thinking. Its lot usefull if we be analytical in these threads rather than pouring out emotions.
regards
It is a FACT that you/your class is more agrieved than any other possible class. But we need to be high on intellect and low on emotions. There is reason to wait till SEP. Besides although I am not sure but Labor and I-140s are for the Employers and Employees take over only in the I-485 stage. So we need to strategize instead of doing wishfull thinking. Its lot usefull if we be analytical in these threads rather than pouring out emotions.
regards
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webm
03-14 05:36 PM
Yes 27 EB-I approvals seems pretty low. Hopefully DOS would move EB3-I cut off date in May.
Yeh let's hope for next May VB cheerup and so on....:(:)
Yeh let's hope for next May VB cheerup and so on....:(:)
more...
girijas
09-12 11:18 AM
Republicans are generally more amenable to legal immigration fixes than Dems. While not all of the Dems are bad, most of them dont care about legal immigration -- they just want the illegals. If it were not for these Dems, 5882 would have sailed through by now
I am sure NoBama will say CIR. illegals first. etc. etc.
I am not sure how much the next president will affect the passage of the bill through the two houses since they were majority democrat and will continue to be majority democrat. Senate is projected to continue to be majority democrat even after the upcoming election (when 1/3th of the Senate seats are up for election). A Republican president might not veto such a bill. Not sure if Obama would veto a bill which has passed through a democratic majority vote. Just a thought........I could be wrong.
I am sure NoBama will say CIR. illegals first. etc. etc.
I am not sure how much the next president will affect the passage of the bill through the two houses since they were majority democrat and will continue to be majority democrat. Senate is projected to continue to be majority democrat even after the upcoming election (when 1/3th of the Senate seats are up for election). A Republican president might not veto such a bill. Not sure if Obama would veto a bill which has passed through a democratic majority vote. Just a thought........I could be wrong.
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sledge_hammer
01-13 10:57 AM
Hello,
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
more...
shaikhshehzadali
03-21 03:48 PM
It is just the way u wrote....put a poll and most of us will agree on that...
I have been very clear on my statements..
All I can say is .... :) I didnt ... you called them that by wrongly inferring that from my posts
I have been very clear on my statements..
All I can say is .... :) I didnt ... you called them that by wrongly inferring that from my posts
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stucklabor
03-19 08:21 PM
Yes, by removing "or" from (I), adding "or" at (II), and adding (III). I think this is how it would read. How do you think it should read?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
more...
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seahawks
09-22 12:13 PM
Here is how I made up my mind to go to the Rally.Most of us waited for an average of at least 3 years in my case, this is my 10th year waiting to get a Green Card after two failed attempts of starting the process and changing employers in 1999 and 2000 and counting. All of us really don't know how many more years do we need to wait and getting extensions every year, either for your visa or for your travel Parole, or your EAD. Most of us are tracking our receipts now, why, because we don't have a transparent system, did you get an LUD, Did you get a FP notice how come I did not get one, where is my application, did your application get to TSC, was it transferred to NSC, what did your lawyer tell you, why did my lawyer tell me this way.
Why are we all passionately managing and exchanging so much information, because we have no clue what is happening behind the scenes. All of us know there are a very few who will get a green card tomorrow, but for most of us, we keep tracking to see anything in the change of status. Feeling uncertain is not a good feeling, I felt it for the last 6 years. How long will an employer wait patiently for you, how long will your wife wait to see she can work, how long will your in-laws respect you when you said during marriage, oh she will be able to work very soon:), how long will you keep convincing yourself, everything will be fine if I just sit and do nothing?
THAT IS WHY I SHOWED UP, THE SENSE OF SATISFACTION IS IMMENSE TO STAND UP AND PETITION. TO MEET LIKE MINDED PEOPLE WHO HAVE UNDERSTOOD THAT DOING NOTHING IS NOT AN OPTION!
But the feeling of "being uncertain" made me go. The excitement that I could meet so many many of you who work selflessly and volunteer so much of your time was priceless.
When we finally reached there, we saw moms, who had kids volunteering, sometimes we had babies, kids in the situation room helping mom organize things, we had people drive from far places, leaving kids in neighbors/baby sitters home and had to drive back late night for 2 3 hours to get back to them. We had people hit the bed at 4 am in the morning and show up the next day all suited up and ready to meet lawmakers at 7 am. That made our trip look so simple!
Guys we respect everyone's reasons, yes we do have lots of genuine reasons and it is not for me to judge personal reasons on how important they are. The point I am trying to make is purely this, think it through and see how you life was or will get affected by this process. Many of you filed your 485 and are instantly gratified that things are fine. I can't stress enough that this is not the case. When I got to file in June I was very excited, I used to see LUDs, FP, got EAD, Travel Parole and everything and then nothing happened. It stays there and from all the statistics, numbers and logic that we all apply, it will stay that way for years. If you think you are out of the woods, think again, all it did was from one stage of the clog, now we are clogged to the other stage of clog. If you think you are now easy to move around, change your jobs, think again. It is extremely complicated with no guarantees that the USCIS officer will interpret your job duties that same way!
Sometimes during discussions we all think, what is it that is stopping you all to come, sometimes after working so hard there does happen a feeling, what reason is big enough for them to not show up, when we did. So please don't get offended either way, we want all of you, we want everyones support and keeping egos asides, lets think how best can we speak in one Voice! Lets all be involved with IV activities, action items and work on it passionately. Remember each of your voice makes Immigration Voice stronger and be heard better!!!
Why are we all passionately managing and exchanging so much information, because we have no clue what is happening behind the scenes. All of us know there are a very few who will get a green card tomorrow, but for most of us, we keep tracking to see anything in the change of status. Feeling uncertain is not a good feeling, I felt it for the last 6 years. How long will an employer wait patiently for you, how long will your wife wait to see she can work, how long will your in-laws respect you when you said during marriage, oh she will be able to work very soon:), how long will you keep convincing yourself, everything will be fine if I just sit and do nothing?
THAT IS WHY I SHOWED UP, THE SENSE OF SATISFACTION IS IMMENSE TO STAND UP AND PETITION. TO MEET LIKE MINDED PEOPLE WHO HAVE UNDERSTOOD THAT DOING NOTHING IS NOT AN OPTION!
But the feeling of "being uncertain" made me go. The excitement that I could meet so many many of you who work selflessly and volunteer so much of your time was priceless.
When we finally reached there, we saw moms, who had kids volunteering, sometimes we had babies, kids in the situation room helping mom organize things, we had people drive from far places, leaving kids in neighbors/baby sitters home and had to drive back late night for 2 3 hours to get back to them. We had people hit the bed at 4 am in the morning and show up the next day all suited up and ready to meet lawmakers at 7 am. That made our trip look so simple!
Guys we respect everyone's reasons, yes we do have lots of genuine reasons and it is not for me to judge personal reasons on how important they are. The point I am trying to make is purely this, think it through and see how you life was or will get affected by this process. Many of you filed your 485 and are instantly gratified that things are fine. I can't stress enough that this is not the case. When I got to file in June I was very excited, I used to see LUDs, FP, got EAD, Travel Parole and everything and then nothing happened. It stays there and from all the statistics, numbers and logic that we all apply, it will stay that way for years. If you think you are out of the woods, think again, all it did was from one stage of the clog, now we are clogged to the other stage of clog. If you think you are now easy to move around, change your jobs, think again. It is extremely complicated with no guarantees that the USCIS officer will interpret your job duties that same way!
Sometimes during discussions we all think, what is it that is stopping you all to come, sometimes after working so hard there does happen a feeling, what reason is big enough for them to not show up, when we did. So please don't get offended either way, we want all of you, we want everyones support and keeping egos asides, lets think how best can we speak in one Voice! Lets all be involved with IV activities, action items and work on it passionately. Remember each of your voice makes Immigration Voice stronger and be heard better!!!
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needhelp!
02-18 12:09 PM
Your weekend success counts on this thread.
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Totoro
07-22 10:38 PM
Just an update. I am still working on this, but I have nothing new to report.
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BharatPremi
07-05 10:59 AM
Dude you asked ALL the wrong questions. Did you not read the part where I specified that they are all CONFUSED out of their SKIN. Its like asking a second grade child if he agrees with the Theory of relativity.
:) I should have asked .. Why the hell USCIS took so long (2 weeks) to screw
our as..s?
And I am sure, If I might have asked that she would have put me on the hold to get an answer from her superior.
:) I should have asked .. Why the hell USCIS took so long (2 weeks) to screw
our as..s?
And I am sure, If I might have asked that she would have put me on the hold to get an answer from her superior.
more...
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eb3_nepa
05-25 08:08 PM
Hi Guys,
I was looking at the AP renewal instructions. It says:
1. If you are in the United States, you must attach:
a. A copy of any document issued to you by USCIS showing your present status in the United States; and
b. An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
c. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application;
d. If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter.
So what I gather from this is that they need:
a) Our H1B status papers and the previous copies of the advanced parole documents.
b) A letter stating why we need the advanced parole.
c) The I-485 receipt copies.
Now it DOES NOT say anything about the photographs if you are filing within the US.
Can someone who has applied for the Advanced Parole (NOT the EAD), please share their experience and what documents are needed. The EAD filing seems to be elaborately covered.
Thanks.
I was looking at the AP renewal instructions. It says:
1. If you are in the United States, you must attach:
a. A copy of any document issued to you by USCIS showing your present status in the United States; and
b. An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
c. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application;
d. If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter.
So what I gather from this is that they need:
a) Our H1B status papers and the previous copies of the advanced parole documents.
b) A letter stating why we need the advanced parole.
c) The I-485 receipt copies.
Now it DOES NOT say anything about the photographs if you are filing within the US.
Can someone who has applied for the Advanced Parole (NOT the EAD), please share their experience and what documents are needed. The EAD filing seems to be elaborately covered.
Thanks.
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chanduv23
06-12 03:30 PM
When I disucss such issues among my Indian friends - people discuss it for sometime and move on to the next topic. if I try to convince people about the seriousness and how everyone should feel bad about it and do something aboout it - all I get from them is "Relax and chill, life goes on - these guys will get some apology"
A lot of Indians are also not vocal about the issues they face. They just absorb it and digest it and pretend as if nothing happened.
If I discuss the samme with non Indian - they will say "You guys must all do something together and stand up against this - I can support you if you all stand up"
All I see is only non Indian support - no Indian standing up.
A lot of Indians are also not vocal about the issues they face. They just absorb it and digest it and pretend as if nothing happened.
If I discuss the samme with non Indian - they will say "You guys must all do something together and stand up against this - I can support you if you all stand up"
All I see is only non Indian support - no Indian standing up.
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Caliber
05-20 08:51 AM
Dear All,
Let us strive to achieve 50,000.00 contributions for this event.
Just today I have paid 915.00 for Advance Parole for 3 of my family members. Thanks to IV, otherwise, I would have paid another $1020.00 for EAD every year. Now I pay only every second year for EAD.
Request your friends too to contribute. Please help yourself.
Let us strive to achieve 50,000.00 contributions for this event.
Just today I have paid 915.00 for Advance Parole for 3 of my family members. Thanks to IV, otherwise, I would have paid another $1020.00 for EAD every year. Now I pay only every second year for EAD.
Request your friends too to contribute. Please help yourself.
nyte_crawler
03-14 04:19 PM
Yep it is risky. But it might bring out all the other risks that I took with my current I485 application, which is what I am worried about. Did'nt work for a year and went to school full time working part-time with EAD, worked with 1099 for a year and a half and changed 4 jobs after getting my 140 approved.
bestin
10-10 08:42 PM
thank god u got it bumped.else i would have been there on sunday;)
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