indyanguy
08-24 01:45 PM
Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?
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fromnaija
11-18 05:29 PM
Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
clockwork
07-18 05:24 PM
I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..
Hey,
you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -
Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.
Hey,
you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -
Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.
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sapking
02-22 09:45 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
more...
f_b_2007
07-19 11:35 AM
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
tnx.
ragz4u
02-17 11:30 PM
If you are on H1B visa and hoping for a green card, get ready to walk to work.
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
more...
sunny26
11-16 08:20 AM
Hi Raj
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
quizzer
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
quizzer
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
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HawaldarNaik
11-20 01:13 AM
I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
more...
shantak
04-09 07:21 AM
Hi,
I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...
My Situation:
1. Entered into USA using H1B Visa
2. Changed the job and now working using EAD
3. In othyer words, my status would be AOS Pending...
Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...
The nearest ones that I am thinking are "parolee" or "UNKNOWN"
Has anyone faced the situation? Could you please help me?
This is an interesting question, gurus please help, I think I will be facing the same question in a couple of months. I have seen that many people have successfully received their EAD using the e-file. Hopefully they will answer this question
I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...
My Situation:
1. Entered into USA using H1B Visa
2. Changed the job and now working using EAD
3. In othyer words, my status would be AOS Pending...
Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...
The nearest ones that I am thinking are "parolee" or "UNKNOWN"
Has anyone faced the situation? Could you please help me?
This is an interesting question, gurus please help, I think I will be facing the same question in a couple of months. I have seen that many people have successfully received their EAD using the e-file. Hopefully they will answer this question
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WTFever
12-02 04:51 PM
Hello everyone. Sorry if this is the wrong section.
My mother has trouble with her knees and it is hard for her to do things around the house sometimes, and it is getting worse. She would like a live-in person to make things a little easier on bad days. She just needs someone that can help with or do everyday household chores, but does not require professional health care support.
She has a friend in the philippines doing christian outreach work. The friend introduced her to a nice lady willing and able to come assist mom, and they chat often and have become friends. My mother would like to bring her to the USA to help around the house, and maybe enroll her in school since constant care is certainly not needed. (There are several good colleges closeby)
I have tried researching it for her, but am now honestly confused. As far as I could make out, mom would need to get the lady here on H-2B....but i could be wrong.
Can someone give us some advice please?
Oh, one other thing. The condition of mom's knees are still up in the air with the docs. It is unknown whether surgery will be required, or how long healing might take...if it occurs at all. I don't think she can get the lady an indefinite stay, but I think she can come here and the lenght of stay be adjusted if needed.
Thanks for any advice or help you can offer. I hope to be able to get a 1-2-3 condensed version. My eyes are bleeding from reading rules and regs
----------------------------------
Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts. -- Admin
My mother has trouble with her knees and it is hard for her to do things around the house sometimes, and it is getting worse. She would like a live-in person to make things a little easier on bad days. She just needs someone that can help with or do everyday household chores, but does not require professional health care support.
She has a friend in the philippines doing christian outreach work. The friend introduced her to a nice lady willing and able to come assist mom, and they chat often and have become friends. My mother would like to bring her to the USA to help around the house, and maybe enroll her in school since constant care is certainly not needed. (There are several good colleges closeby)
I have tried researching it for her, but am now honestly confused. As far as I could make out, mom would need to get the lady here on H-2B....but i could be wrong.
Can someone give us some advice please?
Oh, one other thing. The condition of mom's knees are still up in the air with the docs. It is unknown whether surgery will be required, or how long healing might take...if it occurs at all. I don't think she can get the lady an indefinite stay, but I think she can come here and the lenght of stay be adjusted if needed.
Thanks for any advice or help you can offer. I hope to be able to get a 1-2-3 condensed version. My eyes are bleeding from reading rules and regs
----------------------------------
Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts. -- Admin
more...
wizkid732
08-24 12:29 PM
Hi,
I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated
I contacted the Senators office and the rep there made a query to USICS> this is the response she got.
�This case is currently in an extended security review area."
She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time
Any Advise?
-Thanks
I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated
I contacted the Senators office and the rep there made a query to USICS> this is the response she got.
�This case is currently in an extended security review area."
She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time
Any Advise?
-Thanks
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roseball
08-26 04:54 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
more...
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krogot
02-15 06:35 PM
Hello,
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
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Prashanthi
05-08 04:17 PM
I agree you might be better off filing a new I-485 if the visa number is available once the I-140 is approved. It is sometimes difficult to get the USCIS to do the interfiling, they often don't send any acknowledgment of the same.
more...
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irrational
11-05 11:50 AM
You should probably call USCIS to see what is going on ?
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
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01-20 03:52 AM
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Alabaman
10-11 01:05 AM
Does it mean that if you get a receipt number in the case of an H1 transfer your case would definitely be approved?? i.e. Receipt number = Transfer approval?? :confused: Anybody familiar with the transfer process should please enlighten.
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
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desi3933
03-19 01:21 PM
.... once your 6 years cap is over and AOS is denied you cannot get extensions. ...
Correct.
Correct.
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GreenMe
12-03 01:13 PM
Thanks for quick replies.
The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.
Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.
Please continue to share your experiences.
The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.
Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.
Please continue to share your experiences.
Nabeel
10-26 04:34 PM
I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.
raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
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