conchshell
07-12 10:37 PM
Please access http://www.immigration-law.com/Canada.html to read the details.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
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msp1976
02-08 05:13 AM
Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....
glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
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bowbow
10-29 12:01 PM
My FP was done on 10/17 but no LUD.how often they update status online?
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
more...
eb2dec2005
09-26 07:29 AM
I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
hersheygaile
09-09 08:26 PM
did u received anything from USCIS already?what is your case?
more...
addsf345
11-24 02:13 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
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Leo07
02-01 10:25 AM
we all need to fill the survey so that they can at least think about bumping up the priority.
PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(
I'm assuming they'd fill out the survey the other way?
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(
I'm assuming they'd fill out the survey the other way?
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
more...
Lasantha
02-20 11:09 AM
I would think No too.
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
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gc_on_demand
03-19 11:52 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
more...
potrero
04-30 08:31 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
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santb1975
11-21 02:31 PM
to every around here
more...
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lskreddy
08-14 11:42 AM
This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.
I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..
That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.
I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.
I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..
That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.
I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.
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vasa
07-13 11:55 PM
done, it shows 2038 signatures now...
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
more...
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raysaikat
01-15 12:38 PM
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).
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smari
09-08 04:43 PM
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
more...
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Ahimsa
01-31 09:27 PM
As many as 500,000 legal immigrants are in a limbo on the greencard process. Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
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gc_chahiye
12-18 12:49 PM
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
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kirupa
04-22 05:22 PM
sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)
bombay_masala
06-18 01:09 PM
What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
mrshah
11-07 10:16 PM
our notice date on receipt is Sep 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
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