nomorelogins
11-08 03:18 PM
The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
I agree. given that they process close to 600K green cards per year, we should all be current by this report.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
I agree. given that they process close to 600K green cards per year, we should all be current by this report.
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sobers
06-07 06:13 PM
About a week back (see my first post in this thread), I said if FAIR lobbyist Brian Bilbray wins the special election in Calif. it will galvanize the anti-immigration sources. This really was a bellweather election and the folks in the 50th district made their choice: a restrictionist lobbyist over a liberal non-lobbyist who favored the Senate immig plan. Whatever the dynamics of the race or the constituency, this is what it boils down to.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
sheela
09-23 10:09 AM
[QUOTE=smartboy75;292226]09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
I appreciate your posting this useful info and gave you green.
Is there a 'response time' from Ombudsman office?.
I appreciate your posting this useful info and gave you green.
Is there a 'response time' from Ombudsman office?.
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Templarian
11-28 08:49 PM
Yea, Scythe I think rotating the text made it a bit to complex. :trout:
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logiclife
12-22 06:03 PM
There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.
You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.
Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:
1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.
2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.
This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.
You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.
Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:
1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.
2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.
This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.
ssdtm
10-13 03:34 PM
You are going there for a visa as a professional ( in IT, medicine etc). Dress like a professional. Need not be in a tie, but semi formal is recommended. How you carry yourself speaks about you. There is no rule, no norm, and no guideline but when it comes to communication, non-verbal communication counts a lot.
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kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
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PHANI_TAVVALA
12-02 08:06 AM
Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
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belmontboy
01-19 04:05 PM
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
can name few who became "big" literally (--fat)
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
can name few who became "big" literally (--fat)
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quizzer
10-19 12:23 PM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
Ask your company/lawyer to raise a service request since its more than 30 days of the processing time
Ask your company/lawyer to raise a service request since its more than 30 days of the processing time
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WillIBLucky
05-30 01:39 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
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eager_immi
07-17 03:10 PM
Immigration Voice Announcements
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
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hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
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alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
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desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
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loudoggs
11-21 12:00 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
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hibhagya
05-15 12:03 PM
Great job and hope the current immigrations bill will pass this year.
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sparklinks
09-23 09:09 AM
Did anyone get reply/response from this after emailing ?
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jonty_11
06-18 01:22 PM
you are lucky if u get one....!!! Dont have ur cake and eat it too!!!
Justkidding!
Justkidding!
wandmaker
09-30 09:58 AM
Thanks Chanduv23...this really helps to keep up the spirit.
Does anyone know how long does it take to get the mail?
You should have it by end of the week or before middle of next week.
Does anyone know how long does it take to get the mail?
You should have it by end of the week or before middle of next week.
jthomas
01-10 08:41 PM
What are the options for a H1B holder when he/she gets laid off during this present economy?
I voted as yes, I know my friends who had been laid off from work.
J thomas
I voted as yes, I know my friends who had been laid off from work.
J thomas
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