coolcat
05-17 05:47 PM
I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
Here is my question:
I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?
D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
1.You depart from the United States; or
2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.
The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(
Here is my question:
I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?
D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
1.You depart from the United States; or
2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.
The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(
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SunnySurya
08-07 10:01 AM
I am no Gandhi and don't want to be one. I am just a common man trying to make my ends meet. Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.
Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.
Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.
Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.
pappu
10-08 12:31 PM
Here is another case of a person I came across recently. This person was stuck for the past 5 years in Namechecks . He applied for GC in 2001. He got his GC just recently after a long wait and struggle.
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ysnraju
06-20 11:51 PM
Yes!! You can work now it self. It is legal under some circumstances please see Murthy website with AC21 FAQ :http://www.murthy.com/news/UDac21qa.html
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2.
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2.
more...
shankar_thanu
07-11 11:09 AM
Flowers were nice and effective.
food delivery might backfire...
food delivery might backfire...
anotherone
02-01 06:53 PM
These people might be able to help, provided
a) You have EAD
b) The employer refused you a job based on the fact that you have EAD.
Needless to say if they reject your for the position based on anything else, all bets are off. So I guess one needs to be able to prove that they were refusing you because of your EAD. I am not a lawyer, so please take all this with a grain of salt.
Immigration-Related Unfair
Employment Practices (OSC)
1-800-255-7688
a) You have EAD
b) The employer refused you a job based on the fact that you have EAD.
Needless to say if they reject your for the position based on anything else, all bets are off. So I guess one needs to be able to prove that they were refusing you because of your EAD. I am not a lawyer, so please take all this with a grain of salt.
Immigration-Related Unfair
Employment Practices (OSC)
1-800-255-7688
more...
shouldIwait
05-10 09:35 PM
Please refrain from this cheap low level talk. By talking like this you are demonstrating you lowly state-of-mind, nothing else. :mad:
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sledge_hammer
11-20 03:27 PM
Worst advice I have seen so far. It is morons w/ no scruples like you that have brought us into the mess we are in...
Shame on you!
Do things in this order -
1. Find a job first.
2. Secure a good apartment at new job's location.
3. If you need a better car buy one right now.
4. Get some credit cards.
5. Let your home go to foreclosure.
It is a financial decision. Every once in a while, most of us go to different stores and ask them to match the price for the item that we had purchased earlier. If they do not match the price then we return that item. Don't we? Do not get sentimental. Just walk off! Your credit history would get screwed but if you plan it the way I said above, you will be fine. Good luck.
And it won't affect your GC.
Shame on you!
Do things in this order -
1. Find a job first.
2. Secure a good apartment at new job's location.
3. If you need a better car buy one right now.
4. Get some credit cards.
5. Let your home go to foreclosure.
It is a financial decision. Every once in a while, most of us go to different stores and ask them to match the price for the item that we had purchased earlier. If they do not match the price then we return that item. Don't we? Do not get sentimental. Just walk off! Your credit history would get screwed but if you plan it the way I said above, you will be fine. Good luck.
And it won't affect your GC.
more...
Jitamitra
01-10 08:14 PM
Just a thought. I think something is holding back folks to write up these letters directly to president. Do you guys think it's a good idea just to have these letters mailed to IV and then pass it along to white house administration when IV meets them.
Those who are against IV and have never supported or never wanted to do anything just make it a point that they will NEVER do it. The reason they give will be a "Silence" or a "change in topic of discussion".
Pessimists will say "Nothing will happen" or "So did you get your GC? after the rally?"
Some say "Who cares for GC when you have choice to go home"
Chanduv23:
I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.
Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.
I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.
Those who are against IV and have never supported or never wanted to do anything just make it a point that they will NEVER do it. The reason they give will be a "Silence" or a "change in topic of discussion".
Pessimists will say "Nothing will happen" or "So did you get your GC? after the rally?"
Some say "Who cares for GC when you have choice to go home"
Chanduv23:
I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.
Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.
I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.
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coldcloud
09-23 04:24 PM
I guess we'll need to ADD to that number:
1. BEC stuck folks who could not file in July 07
2. PERM approvals starting August 07
to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.
If I have to guess-- (1) would be very less, may be 100-200 max
(2) around 5000 ( just a PUMA)
So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.
If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)
I believe you dont need to multiply all of the 485 by 2.1 as already applied I485 will include the family?
1. BEC stuck folks who could not file in July 07
2. PERM approvals starting August 07
to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.
If I have to guess-- (1) would be very less, may be 100-200 max
(2) around 5000 ( just a PUMA)
So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.
If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)
I believe you dont need to multiply all of the 485 by 2.1 as already applied I485 will include the family?
more...
needhelp!
01-09 07:40 PM
To find immigrant community everywhere.. at your workplace, at grocery stores, cinema halls, places of worship, where else?
Lets find them and inform them and CONVINCE them of the importance of doing this.
Lets offer to make it easy for them by having printed letters ready for signature + name + address.
We have only 4 weekends to get it done. In my past experience, you will need an hour to yield an output of about 10 - 15 letters. Plan and be prepared.
If you get a friend to go with you, it will be great, but if not, then plan yourself and execute. I had done this for our signature campaign prior to the rally and I will do it again!
Lets find them and inform them and CONVINCE them of the importance of doing this.
Lets offer to make it easy for them by having printed letters ready for signature + name + address.
We have only 4 weekends to get it done. In my past experience, you will need an hour to yield an output of about 10 - 15 letters. Plan and be prepared.
If you get a friend to go with you, it will be great, but if not, then plan yourself and execute. I had done this for our signature campaign prior to the rally and I will do it again!
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punjabi
11-18 03:57 PM
Hi guys,
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
more...
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pani_6
08-22 06:11 PM
Ok it too late for the letters..we need to focus on the HR bills by Resp Sen Lofgren..we have a narrow window here.. and bi partisan support..we can send her flowers and request the Senator to take this up seriously..also we can send the flowers to the co-sponsors..at thier local offices instead of DC ..since DC office is closed now..
What does EB-3 thinks..we can send flowers to these guys and also to Charles Oppenhiemer...
Flowers anybody??;)
we can start the campign from monday!
What does EB-3 thinks..we can send flowers to these guys and also to Charles Oppenhiemer...
Flowers anybody??;)
we can start the campign from monday!
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sameer2730
09-24 11:11 AM
So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:
EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.
EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.
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arnab221
04-06 07:12 PM
Guys,
We rode the same wave even last year with many of the same Guru;s predicting the same movement to 2007 and what we saw 2 weeks movement . There was one person called QSHEMK who after that went completely out of the picture or has rejoined with a new name .
Also I have analyzed that people who have a date in 2008 somehow predict that the dates might move to 2008 and people who have a PD of July predict that dates will move to August . This is just an observation and nothing more , and if you go through the threads thats exactly what you will see.
I will be equally benefited as you all will if the predictions come true , but be well prepared for a major heartbreak also like last year .
While it takes a lot of effort from some of the members to crunch such numbers I would be first to extend my sincere gratitude to them for doing this , I would also recommend you all to take the analysis and predictions with a grain of salt and not to raise your hopes too much on these predictions.
It has seldom worked for the last 6 years at least . Hope it does this time . I speak from experience in IV since 2006.
We rode the same wave even last year with many of the same Guru;s predicting the same movement to 2007 and what we saw 2 weeks movement . There was one person called QSHEMK who after that went completely out of the picture or has rejoined with a new name .
Also I have analyzed that people who have a date in 2008 somehow predict that the dates might move to 2008 and people who have a PD of July predict that dates will move to August . This is just an observation and nothing more , and if you go through the threads thats exactly what you will see.
I will be equally benefited as you all will if the predictions come true , but be well prepared for a major heartbreak also like last year .
While it takes a lot of effort from some of the members to crunch such numbers I would be first to extend my sincere gratitude to them for doing this , I would also recommend you all to take the analysis and predictions with a grain of salt and not to raise your hopes too much on these predictions.
It has seldom worked for the last 6 years at least . Hope it does this time . I speak from experience in IV since 2006.
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FrankZulu
06-25 01:40 PM
PERM EB2 India
PD:Feb 2006
I-140 Approved
BEC EB2 from same company
PD: Dec 2004
Just approved today
I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
as I don't want to take chance with refiling I-140 for PD Dec 2004.
In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
PD for my pending I-485 if dates are current for that PD?
PD:Feb 2006
I-140 Approved
BEC EB2 from same company
PD: Dec 2004
Just approved today
I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
as I don't want to take chance with refiling I-140 for PD Dec 2004.
In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
PD for my pending I-485 if dates are current for that PD?
more...
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sankap
09-10 11:55 AM
I see soft LUDs (09/10) on my and my wife's I-485s. Not sure what to infer.
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anotherone
01-30 03:34 PM
it was very clear they were willing to hire me if I had a GC in hand
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nogreen4decade
08-18 07:30 PM
Congrats!!!! Can you please tell the SR process? Do we have to tell the reason why we want SR on the case? If yes, what was your reason to open SR? Thanks!
Bhai logon... mera bhi number aagaya... I got the the approval email and status changed to Decision (for me and my wife).
Best of luck for those waiting...
FYI: I opened SR on Aug 4th... Yesterday I got response that my GC is approved (but the status online was still Initial review) and now today morning my status changed and I got approval email and an SMS too.
Given the above, I seriously think SR works. They must have checked my SR and then approved my GC.
Bhai logon... mera bhi number aagaya... I got the the approval email and status changed to Decision (for me and my wife).
Best of luck for those waiting...
FYI: I opened SR on Aug 4th... Yesterday I got response that my GC is approved (but the status online was still Initial review) and now today morning my status changed and I got approval email and an SMS too.
Given the above, I seriously think SR works. They must have checked my SR and then approved my GC.
sweet23guyin
01-14 06:23 PM
I am really surprised by the meek response...what is wrong with everyone?? We have just abt 54 letters so far and almost 200 members online right now !!!
If you are reading this but have not written a letter yet, please answer one question for me:
What is the least effort that you can put towards your immigration?
If you cannot write or type a letter, i'm afraid you don't belong to the "Hard working, highly skilled" immigrants that is being referred to in the letter.
Please send me a Private message with your name and deatils and I can write up and post a letter for you....its is actually going to be for me as I am benefitting from this campaign...i don't mind if you get the benefits in the process.
I have the capacity for 3 hand written letters per day...and I am dead serious. We need numbers and a meagre 100 letters are going to get lost amongst thousands of letters that are received at Whitehouse everyday.
People got used to Drive through mentality.
Send me some of those request you receive, I can write and post for those lazy fellos :mad:
If you are reading this but have not written a letter yet, please answer one question for me:
What is the least effort that you can put towards your immigration?
If you cannot write or type a letter, i'm afraid you don't belong to the "Hard working, highly skilled" immigrants that is being referred to in the letter.
Please send me a Private message with your name and deatils and I can write up and post a letter for you....its is actually going to be for me as I am benefitting from this campaign...i don't mind if you get the benefits in the process.
I have the capacity for 3 hand written letters per day...and I am dead serious. We need numbers and a meagre 100 letters are going to get lost amongst thousands of letters that are received at Whitehouse everyday.
People got used to Drive through mentality.
Send me some of those request you receive, I can write and post for those lazy fellos :mad:
trueguy
08-21 12:22 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
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