gc_dedo
09-15 03:34 PM
EB3 I-140 is still March 30th, 2007, a whole year behind EB2. EB2 jumped from July 2007 to March 13th, 2008 UNBELIEVABLE :confused: Seems like they just want us to blow our brains out, or whatever little is left of it anyway... This is just so sick.
Just doesnt make sense at all.
Even EB1 is way behind EB2.
Maybe they are being sadist and trying to divide n rule.
Just doesnt make sense at all.
Even EB1 is way behind EB2.
Maybe they are being sadist and trying to divide n rule.
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Aah_GC
07-09 02:11 PM
You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.
My take is you will receive your card by the end of August at the very least. So don't worry.
My take is you will receive your card by the end of August at the very least. So don't worry.
rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
2011 Bad Teacher Press Conference
lfadgyas
01-13 09:42 AM
Assuming (but hope not) you will be laid off:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
more...
jchan
05-14 05:25 PM
As far as I know, there is another one for US Educated Advance Degree in STEM. But I don't remember the number of the bill.
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
gcformeornot
02-11 08:12 PM
gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
is you need to be expert in Companie's processes, practices, products and inhouse software......
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
is you need to be expert in Companie's processes, practices, products and inhouse software......
more...
pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
2010 Cameron Diaz wears white
doubleyou
05-20 08:11 AM
How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
more...
gjoe
08-20 07:01 PM
I am opening this thread to bring focus to the real issues at hand and how to channel our energy (frustation) effectively for seeing postive results
Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.
How are we trying to resolve the issue?
Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.
Why we don't see much success with our current approach?
Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.
So what can we do?
As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.
I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
We should be polite during all our phone conversation with the agents.
What do we get by increasing the call volume?
All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.
What can we do with more information from USCIS and DOS?
We can plan for our future better, since we have better information.
IV can focus on real issues when we have the accurate information.
We will have better information while we ask for reforms in the EB GC system.
We will have less frustation because we have a clearer idea when to expect our pending case to become active
Please feel free to comment also participate in the poll
Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.
How are we trying to resolve the issue?
Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.
Why we don't see much success with our current approach?
Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.
So what can we do?
As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.
I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
We should be polite during all our phone conversation with the agents.
What do we get by increasing the call volume?
All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.
What can we do with more information from USCIS and DOS?
We can plan for our future better, since we have better information.
IV can focus on real issues when we have the accurate information.
We will have better information while we ask for reforms in the EB GC system.
We will have less frustation because we have a clearer idea when to expect our pending case to become active
Please feel free to comment also participate in the poll
hair Cameron Diaz - #39;Bad Teacher#39;
WeldonSprings
10-28 10:22 AM
Have anybody encountered Receipting Delays at Nebraska Service Center recently. I applied for my and my wife's AP (I-131) last week, received on Oct.21 and it has not been receipted yet.
more...
lazycis
12-22 08:48 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
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little_willy
07-29 11:23 PM
I think they should change the title on their page to How may I harass you? :)
LOL ;-) Had a chuckle after a frustrating day. Thanks.
LOL ;-) Had a chuckle after a frustrating day. Thanks.
more...
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mayitbesoon
08-22 04:41 PM
This could be a second part of campaign for administative fixes. also, please include some strategy to fight for FIFO processing. This is also very important issue
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GC9180
06-19 05:52 PM
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
more...
pictures “Bad Teacher” is mediocre.
eb3retro
10-29 10:04 AM
lazycis,
i sent you a pm..could u pls respond. thanks.
i sent you a pm..could u pls respond. thanks.
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seekerofpeace
09-10 11:42 PM
You are either unmarried or Divorced....Absolutely kidding :)
more...
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walking_dude
03-03 05:23 PM
Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.
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priya82
02-18 08:57 PM
Thanks for your advice snathan...
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lvinaykumar
07-02 02:16 PM
all i can say is they are taking us for granted. If we don't do anything about it they will continue to do this again and again. We should fight back. Put a lawsuit. I have take a vacation to get the documents done and also pay for my medical exam. Which costed me lot of money. I don't mind spending few more to fight for what was taken away from me..
I am going to contribute as soon as i get my pay check this month.....Lets fight.
I am going to contribute as soon as i get my pay check this month.....Lets fight.
ksrk
06-15 07:17 PM
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
[The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]
Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.
Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.
Does anyone has more info to better understand what these dates imply ?
While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
[The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]
Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.
Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.
apahilaj
04-21 07:19 PM
Hi,
I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):
1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?
2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?
3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?
4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?
5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?
Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.
Any help/pointers any one can give will be greatly appreciated. Thanks.
I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):
1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?
2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?
3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?
4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?
5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?
Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.
Any help/pointers any one can give will be greatly appreciated. Thanks.