Meghna
05-16 02:11 PM
I came here on F1 and i was on F1 when we applied for 485.
after i got my masters i did not apply for opt and used the EAD card i got through 485 for working.
I changed my status from F1 to H4 once i graduated.I never traveled after i came here.
Will i face any problems in future when our pd becomes current.
Our lawyer says there should not be any problem but i don't know if he is correct.:(
after i got my masters i did not apply for opt and used the EAD card i got through 485 for working.
I changed my status from F1 to H4 once i graduated.I never traveled after i came here.
Will i face any problems in future when our pd becomes current.
Our lawyer says there should not be any problem but i don't know if he is correct.:(
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eager_immi
06-25 07:48 AM
Technicaly you should possess only one I-94. So when USCIS asks for a copy you should submit only the latest. If you submit extra copies you will create more confusion why you possess more than one I-94. My advice just send them the one that is valid and latest. USCIS can determine you live in this country legally from your records including ur passport, I-797, I-20 past EADS etc.
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
priderock
07-11 03:09 PM
I'd be surprised if Arnie is anti-immigration considering he is an immigrant himself.
I am not sure about his public position about legal immigration but I think he made it difficult for immigrants (Legal and Illegal) to get driving permits in CA.
I am not sure about his public position about legal immigration but I think he made it difficult for immigrants (Legal and Illegal) to get driving permits in CA.
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FUNTIMES
06-22 11:13 AM
I am in the same situation. Details Below.
Me: EB2(10/2006) Pending I-140
Wife: EB3(04/2002 SUBSTITUTION) Pending I-140
Reply from My Lawyer.
"Many people are in your scenario.
There are many ways to do this. Each one being a little more expensive then others.
What can be done:
Your wife files as primary and you secondary on her 140.
You file as primary and her secondary on your 140.
Option #2
You file alone on your 140
She files alone on her 140.
Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.
You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.
You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.
If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Me: EB2(10/2006) Pending I-140
Wife: EB3(04/2002 SUBSTITUTION) Pending I-140
Reply from My Lawyer.
"Many people are in your scenario.
There are many ways to do this. Each one being a little more expensive then others.
What can be done:
Your wife files as primary and you secondary on her 140.
You file as primary and her secondary on your 140.
Option #2
You file alone on your 140
She files alone on her 140.
Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.
You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.
You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.
If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
more...
shekhar10c
06-29 06:57 PM
Could it be that the AILA is talking about the 4th category and AILF's Legal Action Center is seeking plaintiffs - mainly 4th category that got their applications rejected?
I'm not getting this. If DOS/USCIS wants to retrogress the current dates then why they will wait for july2nd or 3rd. As they know people will file their applications by 29th june or they will try to deliver their applications by 2nd of july. So,if this rumour is really true then they would have posted revised bulletin in this week only , latest by today only, so that people will stop filling applications. So guys relax and keep doing whatever you were doing and file your applications by 2nd july.
There is nothing in our hands or even in lawyers.Lets wait n watch!!! keep hope
I'm not getting this. If DOS/USCIS wants to retrogress the current dates then why they will wait for july2nd or 3rd. As they know people will file their applications by 29th june or they will try to deliver their applications by 2nd of july. So,if this rumour is really true then they would have posted revised bulletin in this week only , latest by today only, so that people will stop filling applications. So guys relax and keep doing whatever you were doing and file your applications by 2nd july.
There is nothing in our hands or even in lawyers.Lets wait n watch!!! keep hope
alterego
06-29 05:52 PM
I have a few theories on this. This is meant just to open discussion.
1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.
2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.
3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.
Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.
1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.
2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.
3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.
Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.
more...
gccovet
11-19 04:18 PM
bump...
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Mahatma
08-09 01:55 PM
This is my view about how USCIS has messed up in name check delays.
Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.
I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.
In effect, Indian and Chinese professionals are deprived of immigration benefits.
Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.
This retrogression in effect deprives Indian and Chinese professionals of their benefits.
Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.
I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.
In effect, Indian and Chinese professionals are deprived of immigration benefits.
Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.
This retrogression in effect deprives Indian and Chinese professionals of their benefits.
Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
more...
rajuram
05-27 10:33 AM
What is non immigrant visa number (page 2 of 485 form)?
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Robert Kumar
04-01 03:08 PM
Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"
Link please..
Link please..
more...
singhv_1980
02-05 04:44 PM
hello all,
i will really really appreciate your posts..
its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..
But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??
How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??
-Shahuja
I am not very sure but my understanding is that consulate will tell you if there is any issue reg security clearance etc (in other words 221 g).
Did VO tell you anything about administrative processing during your interview??
i will really really appreciate your posts..
its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..
But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??
How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??
-Shahuja
I am not very sure but my understanding is that consulate will tell you if there is any issue reg security clearance etc (in other words 221 g).
Did VO tell you anything about administrative processing during your interview??
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thepaew
11-20 03:50 PM
Let's set the questionable ethics of this idea aside for the moment.
I think that any loss that the bank occurs is treated as income on your part by the I.R.S in case of a "short-sale" as it is considered "forgiven debt". Also, in some states, a second "piggy-back" mortgage is a "recourse" loan - that would mean that they can come after you for that portion.
In case of a "sheriff-sale" there are no taxes owed - except for any second mortgage, HELOC, etc.
Think it through - you may have trouble renting a place or finding a job.
I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
I think that any loss that the bank occurs is treated as income on your part by the I.R.S in case of a "short-sale" as it is considered "forgiven debt". Also, in some states, a second "piggy-back" mortgage is a "recourse" loan - that would mean that they can come after you for that portion.
In case of a "sheriff-sale" there are no taxes owed - except for any second mortgage, HELOC, etc.
Think it through - you may have trouble renting a place or finding a job.
I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
more...
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puddonhead
06-18 12:58 PM
>> I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.
Hmmm.. Level playing field. You mean the field where you set the rules? UAW did that in GM - you know?
If there is someone who can do my job cheaper or better or more efficiently - by all means it should go to him. I need to then find something where I am good at. Thats what competition is! Of course - this "efficiency" can not come by illegal behavior. Illegal behavior (like the L1 fraud) has other hidden problems.
So on your question about "l1 fraud": by all means I am for reporting it. However, there is another overriding concern for ALL OF US - how will the economy behave? I dont want to worsen things by "reporting fraud" at a mass scale right now and create trouble for companies that are already suffering. I will do that when that will be beneficial for the US Economy (translation - "all of us - even citizens").
I am not for tolerating or condoning illegal behavior - however, I am all for moderating my responses and prioritizing the fights. I am also for not behaving like the UAW members.
>> You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.
You are reading between the lines too literally - so much so that you misinterpret everything like the bible-thumpers. Impact "me" = Impact "us" = Impact "everybody in the US - including the US Citizens".
>> Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.
Same answer as the first question.
It's a pretty nuanced position. I hope I have been able to explain it properly.
Hmmm.. Level playing field. You mean the field where you set the rules? UAW did that in GM - you know?
If there is someone who can do my job cheaper or better or more efficiently - by all means it should go to him. I need to then find something where I am good at. Thats what competition is! Of course - this "efficiency" can not come by illegal behavior. Illegal behavior (like the L1 fraud) has other hidden problems.
So on your question about "l1 fraud": by all means I am for reporting it. However, there is another overriding concern for ALL OF US - how will the economy behave? I dont want to worsen things by "reporting fraud" at a mass scale right now and create trouble for companies that are already suffering. I will do that when that will be beneficial for the US Economy (translation - "all of us - even citizens").
I am not for tolerating or condoning illegal behavior - however, I am all for moderating my responses and prioritizing the fights. I am also for not behaving like the UAW members.
>> You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.
You are reading between the lines too literally - so much so that you misinterpret everything like the bible-thumpers. Impact "me" = Impact "us" = Impact "everybody in the US - including the US Citizens".
>> Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.
Same answer as the first question.
It's a pretty nuanced position. I hope I have been able to explain it properly.
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wantgc23
12-11 11:01 AM
I am logging in after sometime due to work, Is this action item still Active ?
more...
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indio0617
05-15 09:55 PM
Hi,
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
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bajrangbali
06-17 12:28 PM
Thanks L1fraud guy for bringing up the details to complain. I have contacted the local office and proceeding with the process as outlined by the ICE officer. I agree with you and other members on this thread who say this fraud has to be stopped before it becomes uncontrollable.
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
more...
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sertasheep
07-10 07:41 PM
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http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
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jo3350
04-17 09:03 PM
Yes this is true. last year i my wife's EAD was dealyed after 90 days so i walked into a USCICS centre and they said they no more issue INTERIM EAD's.
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raidohri
06-15 02:22 PM
Hey Nandu,
How are you man?
whoooo ?
How are you man?
whoooo ?
mhathi
01-15 08:34 AM
I have sent the letters today to WH and IV.
I have also sent group emails to my batchmates from my engg college asking them to join IV. I think everyone should do that - this will help IV to Increase its Memberships.
I had one more suggestion too - (this has recd less support in the past).
we need to put in a statement that many legals are not buying a house because of the uncertainity in the GC process. even the congressmen will be more patient with our cause when we mention housing.
I doubt if this is true. There was a poll created a while back that asked this question to everyone, and fully 50% or more had already bought a house even though they had not even reached the 485 stage. I personally would not wait for GC to buy the house. If the status quo remains, it will probably be 5-6 years before they even take up my case for consideration. The housing market would certainly have recovered by then. Barring local minima and maxima, the overall trend in the housing market is always of a somewhat steady and gradual incline.
Just my 2 cents.
I have also sent group emails to my batchmates from my engg college asking them to join IV. I think everyone should do that - this will help IV to Increase its Memberships.
I had one more suggestion too - (this has recd less support in the past).
we need to put in a statement that many legals are not buying a house because of the uncertainity in the GC process. even the congressmen will be more patient with our cause when we mention housing.
I doubt if this is true. There was a poll created a while back that asked this question to everyone, and fully 50% or more had already bought a house even though they had not even reached the 485 stage. I personally would not wait for GC to buy the house. If the status quo remains, it will probably be 5-6 years before they even take up my case for consideration. The housing market would certainly have recovered by then. Barring local minima and maxima, the overall trend in the housing market is always of a somewhat steady and gradual incline.
Just my 2 cents.
parvezmusani
08-16 06:08 PM
My case is at the local USCIS service center. I opened an SR on Aug 12 and got an email response encouraging me to apply for an Infopass appointment: "We have determined that your case would have a better result if you make an appointment to visit your local office, so you may speak with an Immigration Services Officer about your case."
I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.
Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?
Thanks in advance.
:confused:
For senator and congres(wo)man it is really simple call your local senator or congres(wo)man or got to their website and fill out a privacy form and send it to the person handling immigration service at their office. As a part of that form explain them your situation and what you want their office to do for you. They will promptly follow up with USCIS on your behalf and will provide you with regular update as and when they get it from USCIS. You can easily find your local senator or congres(wo)man on google search.
I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.
Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?
Thanks in advance.
:confused:
For senator and congres(wo)man it is really simple call your local senator or congres(wo)man or got to their website and fill out a privacy form and send it to the person handling immigration service at their office. As a part of that form explain them your situation and what you want their office to do for you. They will promptly follow up with USCIS on your behalf and will provide you with regular update as and when they get it from USCIS. You can easily find your local senator or congres(wo)man on google search.
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