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Saturday, June 18, 2011

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  • sanjeev_2004
    08-22 04:42 PM
    Thanks! That's helpful... from what you say, sounds like PD is still quite important. RD comes into the picture only after the PD becomes current. However, if a range of PD's are current, then they would sort those by RD and not by PD.

    For eg, if they move the dates forward by a year, and Jan 04 and Jan 05 are both now current, a person with PD of Jan 05 but an earlier RD would still get processed prior to an application with PD Jan 04 and a later RD (according to the FIFO principle)...

    you are right there but USICS does not follow any principle so in your range person with Jan 05 PD could be last (Decorator pattern).

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  • logiclife
    02-01 02:06 PM
    Can we get License renewed using EAD and not having H1?.

    Driver's licenses are issued by state and governed by state laws and regulations. Check your state DMV and find out.

    In about 12 states, even illegals can obtain driver's licenses. However, most states are tightening rules and need to see your I-94 to prove your legal presence.

    EAD is for work authorization and doesnt prove legal presence. Legal presence is proved by I-94. Regardless of how you enter into USA, with H1 stamp or with AP, you will have an I-94.

    In any case, check your DMV.

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  • mpadapa
    06-12 12:46 PM
    Most of the folks are missing the point about the prior years approval numbers. All the approvals from 2004 - 2008 are padded with huge visa number from FB spillover and the recapture provision of AC21. From this year onwards we have to live with the usual ~3K per country per category limit. This is the reason why Charles Oppenheim is predicting decade long wait for EB2 I/C and all EB3's. We continue to beat down Oppenheim claim with our own numbers, but he knows more about visa numbers than any one of us.
    Let us dream about recapture being a panacea to the problem. There is only limited amount of visa's to be recaptured (~180K) even with that not all categories can become current. Also during that last recapture debates there where lots of suggestions to stagger the usage of recaptured visa over a long time frame like 5 yrs. Even with recapture, the date movement will not be rapid, but it will be remarkably better than what it is now.

    As per replies to senator from USCIS

    EB2 india has 50k and Eb3 india has 70k apps. See last 10 years with horizontal or vertical fall none get more than 15k in a given year.

    If they do get same spill over then Eb2 india needs 3 years and Eb3 india needs 4 years after Eb2 get clear. OR USCIS stop receiving app from any one for next 1 and half year and then start accepting agian. ( Which is not possible as per law ).

    So bottom line is

    Either Recapture or removing counrty cap will end current backlog , both will end current as well future backlog and none will make situation worse if more demand from ROW.

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  • hunkuncontrolled
    04-02 12:48 PM
    First of all learn to "conduct" yourself in public before working for the semi conductor industry. What is gulti mentality pls explain? Second of all you chose to come here with the constraints that were imposed on you, did you have the balls to question the immigration officer as to why your wife could not work? If you think this is hell my friend you are in for a rude surprise.
    When you want answers for your question there is a method for asking it, pls follow that method and you will get your answers, there are more people willing to help here than you will find anywhere. Ranting about communities will get you no where, now apologize and ask your question, someone will answer.

    Gulti mentality was something that guy(malibuguy) was talking about . Thats what i meant by Gulti mentality . I just started with a simple question "WHATS THE MOTIVATION FOR CONTRIBUTION(MONEY AS WELL AS TIME) FOR PEOPLE WHO HAVEN'T APPLIED FOR GC " !! Was that offensive ? I don't need answers for specific questions. I just need to know what IV is all about ? ? BTW, i have balls to ask anything to anybody if it makes sense(immigration officer is not making rules) .


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  • desi3933
    06-19 07:17 AM
    If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

    I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?

    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

    Permanent Resident since May 2002

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  • siravi
    10-13 10:12 AM
    I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.

    PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)

    Well - now I understand why you were there :)

    Jokes aside, I agree, it was a good meet.
    As I said earlier, it was encouraging to see interested, motivated folks join the party. I enjoyed meeting with all, and was good to have some honest exchange about IV related questions, clarification of its goals, etc. Nice!
    Glad you joined the fun, frankie. Hey, labochic! that was some speech--do you have a copy? :D


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  • charlotte-gc
    03-17 04:33 PM
    Guys - I have 2 sets of questions:

    1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?

    2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'

    thanks in advance!

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  • skpanda
    05-31 11:04 AM
    They fall under EB3. This bill if passed may be of some relief for EB3.

    Really? Nurses are part of EB?? I was not aware of that. Which catagory EB3? EB2? Just curious. Either way i dont think the president is going to support this one.


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  • hopefull
    05-24 01:46 PM
    The only way they will learn is like when Europe imposed heavy taxes on Orange Juice imported from Florida.

    THese guys want us out and they want to make money in China & India by selling their products and killing the local domestic industries. SO MUCH FOR GLOBALISATION. ITS HYPOCRITICAL ..

    I M SURE CHINA WONT OPEN ITS ECONOMY FOR US GOODS which is GOOD ..IF ONLY THERE WER EHONEST INDIAN POLITICANS AND THEY WOULD TAKE THE SAME RECOURSE. EVERYTHING WILL TURN OUT ALL RIGHT ..WHom will they sell to here in a saturated market and people already filling Chapter 11 and living on social security?????


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  • franklin
    08-22 07:38 PM
    Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.

    (1) Are these steps taken in a sequence?
    (2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..

    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000

    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)


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  • gcphul
    08-25 02:22 PM
    Hey Guys,

    I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.

    here are the step to follow.

    1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).

    2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.

    3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.

    4) Passport (Orginal just in case if they ask u)
    5) SSN( Orginal Just in case if they ask u).

    Good Luck guys

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  • msp1976
    10-16 10:50 AM
    I thought i wouldn't marry till i get ma GC coz i didn't wanna gal to come n rot here without a job being on H4.
    but now i've gotten so freakin old waitin for the GC n still waitin that i might not get a gal to marry.:eek: :eek:
    well there are always other things to do for a H4 ..
    At present My wife on her H4 is pursuing her Master's degree ... I donot need to tell you that I got a deep hole in my pocket..
    Also I have heard some H4 spouses doing volunteering work..
    Also you can have kids and get another piece of 'work' out of the way...If anyone has more ways of making the better of the situation let me know...
    :p :D :cool: :cool: ;) :D


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  • aadimanav
    08-20 04:42 PM
    Source: www.immigration-law.com

    08/20/2008: Immigration Reauthorization Bills and Senate Needs a Political Push

    * There are four reauthorization legislative bills in the Congress. (1) Conrad 30 NIW bill , (2) Regional Center Pilot Investment bill (EB-5), (3) Nonministerial Religious Worker R-1 and Special Immigration bill, and (4) E-Verify Electronic Employment Authorization bill. The E-Verify reauthorization bill is very controversial adn currently facing a stong political opposition from political forces. The House passed the first three bills and forwarded to the Senate quite some time back, but as we reported on 08/02/2008, the Senate floor referred the bills to the Senate Judiciary at the last minute before the Senate left the Hill on August 2, 2008. These bills are currently presented to the Senate in two different formats: One is the format of the Senate's consent to each of these House bills separately. The other is Senator Specter's consolidated bill that put together all of these four bills into one bill. Obviously, Senator Specter's strategy must have been to tie the reauthorization bills to the controversial E-Verify Reauthorization bill. We reported that he apparently changed his mind and was pressuring the Senate Majority Leader to introduce E-Verify bill in the Senate first. Accordingly, it is unclear which strategies will work better to get these reauthorization bills passed in the Senate before they return to the election recess in early October.
    * The Senate is scheduled to return to the session on September 5, 2008, Friday, and to pick up the defense appropriation billl debates. The House is not scheduled to return to the session until September 8, 2008, Monday. Procedurally, unless each of the reauthorization bills is consented by the Senate floor without amendment, they will have to go to the conference committee or the House just consent to the Senate's amendment. The problem is the House bills were referred to the Senate Judiciary Committee just before the recess and unless a sufficient political pressure is added to the Judiciary Committee Chairman Lehey, they are destined to go nowhere when it comes to the time frame. On the other hand, Senator's consolidated bill faces its own problem because of the E-Verify reauthorization proposal. Besides, even if the Senate floor quickly takes up this consolidated bill, since it is a Senate bill, it will have to be presented to the House for their consent for the Senate versions. The question is how and when all of these actions will be taken up by the leaders of the Senate. The answer appears to be obvious. The relevant immigrant communities must recharge themselves and act quickly to add pressure on the Senate leaders to take up the bills quickly as soon as they return to the session. Probably it may be too late to attach these bills to the defense appropriation bill which they will pick up on the first day of their return to the Senate.

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  • Nikith77
    04-02 02:34 PM
    EB3I will move to 2005 in coming months


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  • ragz4u
    04-03 10:50 AM
    These are the talking points that AILA is suggesting for calls made to the Senators :


    (please call between 9am & 5pm)
    Ask For: Immigration Staffer

    Talking Points:

    1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!

    2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!

    3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!

    4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!

    5) Tell them that full access to the Circuit Courts of Appeal must be preserved!

    I hope knnmbd realizes here that AILA has no mention of legal immigrants in the call to Senators.....your thoughts knnmbd?

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  • belmontboy
    05-22 08:34 PM
    I just saw the May processing dates.

    I printed it out and used it to wipe my backside, then flushed it down the toilet.

    make sure the printout doesnot cause a "backlog" in the toilet :p


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  • n_2006
    02-20 09:01 AM
    I took from AAA for 250K. Monthly premium is $20. Initially they said it will be around $13. But after medical test they raised to $20. They asked me whether I applied for my GC.

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  • Openarms
    05-13 04:34 PM
    well said, you got couple of great points.

    when a person applied his GC process 2002 EB3 with 3 years experience per say, another person 2004 EB2 with 5 years experience. How come EB2 guys is smarter then EB2. By the way lot of people in those days who applied under EB3 are well qualified and well educated. In my experience most of them are doing jobs that will easily comes under EB2.

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  • texanguy
    08-10 11:03 PM
    This cant be true...how come you know the dates when it is not even published on the visa bulletin... Lets wait and watch...

    08-15 09:39 PM
    People who left employer early or want to leave early will say it is ok; because it suits their needs.

    People who plan on staying later or don't have any intention of leaving early will say to stay.

    Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.

    If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.

    Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.

    Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.

    My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.

    Thank you for all the pieces of advice you're giving.

    07-20 02:33 PM
    Delivered July 2 @9:01am Fedex,

    I spoke to a IO from Nebraska center ,they said my data is not in the system.She said no memo has been issued how to process the July 2nd cases,but they will process all the other cases according to VB 107.when i asked more she said she cannot give me any more information i asked her should i resubmit , she did not comment on that i was totally surprised when i asked her when the cheque will be cashed she said october, I again asked her and told her it is not for H1 b it is for I 485 again she said october.Did you any of you guys call the USCIS ??

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