for_gc
06-13 05:13 PM
I-140 PP is only available if you are within 60 days of your H-1 capout. So for most people who are porting PD from EB3 to EB2 , there is additional wait of six months to an year just for I-140.
Porting PD from EB3 to EB2 can easily take 1 year including new PERM application, I-140 and I-485 interfile.
What is interfile ? Is it changing the underlying I140 for the 485 application ?
Can we do that ?
Can the new I140 be from the same employer or does it need to be from a different employer ?
Porting PD from EB3 to EB2 can easily take 1 year including new PERM application, I-140 and I-485 interfile.
What is interfile ? Is it changing the underlying I140 for the 485 application ?
Can we do that ?
Can the new I140 be from the same employer or does it need to be from a different employer ?
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tonyHK12
11-12 05:46 PM
asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
logiclife
02-05 01:49 PM
Its called a form-letter.
The staff writes those.
They use the same letter and change the name and address of the constituent and copy-paste the generic position on immigration.
That is the reason you are seeing a letter that casts a wide net on immigration issues, like border security, illegals, etc. etc. The staff would send out the same letter to all constituents who are writing for or against immigration or any issue related to immigration.
All lawmakers have staff who repond to communication from constituents and 99% of the time, you get a form-letter response...the one-size-fits-all letter. The audacity of form-letters. ;)
The staff writes those.
They use the same letter and change the name and address of the constituent and copy-paste the generic position on immigration.
That is the reason you are seeing a letter that casts a wide net on immigration issues, like border security, illegals, etc. etc. The staff would send out the same letter to all constituents who are writing for or against immigration or any issue related to immigration.
All lawmakers have staff who repond to communication from constituents and 99% of the time, you get a form-letter response...the one-size-fits-all letter. The audacity of form-letters. ;)
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singhsa3
04-27 04:19 PM
Supporting Documents
One resource
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7254000912&m=5401097161
Another one
http://www..com/discussion-forums/i765-1/72260699/
One more
http://www..com/discussion-forums/i765-1/71284153/
Another one
http://immigrationvoice.org/forum/showthread.php?t=16839
One resource
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7254000912&m=5401097161
Another one
http://www..com/discussion-forums/i765-1/72260699/
One more
http://www..com/discussion-forums/i765-1/71284153/
Another one
http://immigrationvoice.org/forum/showthread.php?t=16839
more...
shantak
05-12 07:47 PM
This is the address I got when I submitted my application online.
U.S. Mail:
USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Can you let us know what all supporting documents you have sent. It looks like each one is sending a different set.
This is the list Im thinking (I read some where else that you dont need to send anything for EAD, but I really dont know what is correct)
-- Current EAD Copy
-- I-485 Copy
-- Drivers License Copy
Anything else??
thanks
U.S. Mail:
USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Can you let us know what all supporting documents you have sent. It looks like each one is sending a different set.
This is the list Im thinking (I read some where else that you dont need to send anything for EAD, but I really dont know what is correct)
-- Current EAD Copy
-- I-485 Copy
-- Drivers License Copy
Anything else??
thanks
desi485
11-07 03:14 PM
Friends,
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
more...
Axilleus
09-25 11:44 AM
Date filed: August 27/07
Receipt Date: August 29/07
Notice Date: September 17/07
Service center: NBC (former MSC)
If EAD received, date which you received: Not received
If still waiting, Last Update Date: Sep 19/07 received Notice of action regarding FP
Receipt Date: August 29/07
Notice Date: September 17/07
Service center: NBC (former MSC)
If EAD received, date which you received: Not received
If still waiting, Last Update Date: Sep 19/07 received Notice of action regarding FP
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raysaikat
07-10 06:49 PM
Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
more...
sunny1000
11-12 03:25 PM
Did you have to get it in advance or did you get it on arrival?
I got this in advance. But, it does not apply to you as you have a GC and you don't need a Mexican visa.
I got this in advance. But, it does not apply to you as you have a GC and you don't need a Mexican visa.
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Canadian_Dream
01-18 02:23 PM
Anyone thinking that recession is confined to a specific industry or geography needs to do a reality check. I am not saying we are in recession or we will be in one soon. I will leave that to forecasters. But core to all the down markets/recession/bear market is consumer confidence and inflation. Now what we are seeing in Finance industry could trickle down to tech in a quarter or two, simply because Financial sector spends big on tech and downturn in any specific industry erodes consumer confidence.
In 2001 it started with tech but financial and other sectors also took a big hit (take a look at the layoff figures from tristate area). The reason then and now as has always been was consumer confidence. In 2001, tech downturn and stock market correction eroded consumer confidence. As they say we can actually talk ourselves into recession by simply feeling depressed about economy and hence directly affecting consumer confidence.
As far as layoffs go, during 2000/2001 a large chunk of people left the industry (tech/telecom) never to come back again. Some of them remain unemployed/underemployed some moved to Real estate. Each down turn systematically purges bottom 20-30% who never get employed at the same level. Generally the most vulnerable ones are older workers or fresh college graduates.
In 2001 it started with tech but financial and other sectors also took a big hit (take a look at the layoff figures from tristate area). The reason then and now as has always been was consumer confidence. In 2001, tech downturn and stock market correction eroded consumer confidence. As they say we can actually talk ourselves into recession by simply feeling depressed about economy and hence directly affecting consumer confidence.
As far as layoffs go, during 2000/2001 a large chunk of people left the industry (tech/telecom) never to come back again. Some of them remain unemployed/underemployed some moved to Real estate. Each down turn systematically purges bottom 20-30% who never get employed at the same level. Generally the most vulnerable ones are older workers or fresh college graduates.
more...
chaanakya
11-10 04:18 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
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monkeyman
10-16 11:55 AM
My wife had the same issue. We had to type the following letter and attach evidence as follows:
Date Entered to US - Visa Type - Date leaving US I-94 Status Evidence
For the evidence, you need to refer to the copy of the passprt that indicates the stamping and your lawyer must include a letter that states that he has verified all the dates and attach the reference to page number duly attested by the lawyer's office.
Under the I-94 status column, you need to indicate if the I-94 was surrendered at airport or not. If you are not aware, please enter 'do not know'. Visa type was the type of visa used to enter US (my wife travelled on B1, H1 (some 10 times) and most recently on H-4) and now waiting for EAD to resume a new career.
Hopefully that should address it. Apparently, my lawyer has never seen an RFE on I-131. So, he's not sure if that resolves it or not. Case status still indicates an RFE online. Good luck.
Date Entered to US - Visa Type - Date leaving US I-94 Status Evidence
For the evidence, you need to refer to the copy of the passprt that indicates the stamping and your lawyer must include a letter that states that he has verified all the dates and attach the reference to page number duly attested by the lawyer's office.
Under the I-94 status column, you need to indicate if the I-94 was surrendered at airport or not. If you are not aware, please enter 'do not know'. Visa type was the type of visa used to enter US (my wife travelled on B1, H1 (some 10 times) and most recently on H-4) and now waiting for EAD to resume a new career.
Hopefully that should address it. Apparently, my lawyer has never seen an RFE on I-131. So, he's not sure if that resolves it or not. Case status still indicates an RFE online. Good luck.
more...
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waitin_toolong
10-10 04:11 PM
I-102 will not work you need to file I-539 for extension of I-94.
I-102 is for replacement I-94.
I am sorry but the rules clearly state that passport needs to be 6 months beyond the intendent travel period.
Unfortunately for H1 that could mean several months or 2-3 years.
fork up $300 unless you plan to be put of status or can find a cheaper way of flying out to Mexico/canada and flying back in.
I-102 is for replacement I-94.
I am sorry but the rules clearly state that passport needs to be 6 months beyond the intendent travel period.
Unfortunately for H1 that could mean several months or 2-3 years.
fork up $300 unless you plan to be put of status or can find a cheaper way of flying out to Mexico/canada and flying back in.
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kunallen
01-24 08:32 PM
Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?
Thanks again for the help!
Thanks again for the help!
more...
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techskill
05-07 03:10 PM
NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.
Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.
Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.
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pappu
01-27 02:16 PM
Can this bill come out of the black hole of the committee? Most immmigration related bills never see daylight :(
How many times have you met your lawmaker offices in person in the last 1 year asking for a bill?
If your answer is zero or 1, then that is the reason no bill never sees light of the day.
If our community does not go out and meet lawmakers, their plight will stay buried inside the forum threads.
How many times have you met your lawmaker offices in person in the last 1 year asking for a bill?
If your answer is zero or 1, then that is the reason no bill never sees light of the day.
If our community does not go out and meet lawmakers, their plight will stay buried inside the forum threads.
more...
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sixburgh
04-13 10:48 AM
Perfect....
Yes I called the original civil surgeon and the TB test is going to cost $15 only and Xray $40.
I found the reason I got the RFE.
I had a copy of the last TB test report.
That civil surgeon FORGOT TO CHECK MARK the TB test !!!!
He checked a different section !!!
I feel bad that I missed to read it!
I could have rectified the DARN doctor then and there.
It was during the July fiasco. We were all in a hurry and tensed up.
Thanks for your update.
Once this RFE is cleared, I am going to Sue that doctor for expenses!
I feel sad that people dont do their jobs properly in this ADVANCED country.
Yes I called the original civil surgeon and the TB test is going to cost $15 only and Xray $40.
I found the reason I got the RFE.
I had a copy of the last TB test report.
That civil surgeon FORGOT TO CHECK MARK the TB test !!!!
He checked a different section !!!
I feel bad that I missed to read it!
I could have rectified the DARN doctor then and there.
It was during the July fiasco. We were all in a hurry and tensed up.
Thanks for your update.
Once this RFE is cleared, I am going to Sue that doctor for expenses!
I feel sad that people dont do their jobs properly in this ADVANCED country.
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savigans
10-24 05:01 PM
I'm in a similar situation:
EB2 LC Priority Date: August 25, 06
I-140 pending
Received I-1485 receipt notice and EAD
I-485 Reciept Date: August 1st, 07
I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.
My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.
Thank you for all the great work you guys do.
EB2 LC Priority Date: August 25, 06
I-140 pending
Received I-1485 receipt notice and EAD
I-485 Reciept Date: August 1st, 07
I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.
My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.
Thank you for all the great work you guys do.
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samrat_bhargava_vihari
02-08 10:07 PM
Why do you guys have such a hard time believing....
Law says what it says
Visa bulletin has the notce
Berkleybee isn't saying anything in that conversation with DOS which isn't already covered by the law or the note in 2005 visa bulletin.
Still; everyone is thinking it is a mistake and it is going to get current in 3 to 4months?
The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong. All one needs to do is look at data coming out from backlog processing centers; amount of 245i labors; statistics on how many people have come on h-1b; l-1's, b visas, f visas, amont of perm labor approvals; amount of greencards approved over the last five years.
It is going to be a very, very long time before there is significant movement in dates.
The cynic in me thinks Berkleybee posted it in immigration.com so that people may now get the message the dates aren't going to move. They aren't going to move significantly next year either. There is TOO many people going for greencards.
As long as people think that the dates are going to move, then they sit on the fence and don't do much to get rid of retrogression.
I am sure if people could get convinced that in current environment; visa dates will never get current then people may have some urgency in participating to get rid of retrogression.
UN,
I have strong belief on your postings. Don�t know about Berkleybee�
I am from India EB3. I strongly believe that we can change this system, after all it is human made, outdated and obviously not suitable for current scenario.
So realistically what we can do about this, if so what would be the approach.
Law says what it says
Visa bulletin has the notce
Berkleybee isn't saying anything in that conversation with DOS which isn't already covered by the law or the note in 2005 visa bulletin.
Still; everyone is thinking it is a mistake and it is going to get current in 3 to 4months?
The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong. All one needs to do is look at data coming out from backlog processing centers; amount of 245i labors; statistics on how many people have come on h-1b; l-1's, b visas, f visas, amont of perm labor approvals; amount of greencards approved over the last five years.
It is going to be a very, very long time before there is significant movement in dates.
The cynic in me thinks Berkleybee posted it in immigration.com so that people may now get the message the dates aren't going to move. They aren't going to move significantly next year either. There is TOO many people going for greencards.
As long as people think that the dates are going to move, then they sit on the fence and don't do much to get rid of retrogression.
I am sure if people could get convinced that in current environment; visa dates will never get current then people may have some urgency in participating to get rid of retrogression.
UN,
I have strong belief on your postings. Don�t know about Berkleybee�
I am from India EB3. I strongly believe that we can change this system, after all it is human made, outdated and obviously not suitable for current scenario.
So realistically what we can do about this, if so what would be the approach.
LostInGCProcess
10-01 01:49 PM
Can you please share through which airlines, that goes thru brussels ?
Jet Airways, Continental...
Jet Airways, Continental...
adhantari
06-16 10:52 AM
If I get married to gal who is here in USA, before my I 485 aproval, and if my I-485 aprove before priority date available, is there any way my wife can apply for Green card? and get it with me?
unmarried then why not marry a US citizen..... that will take care of all your "problems" says AjameriBaba..... :D
unmarried then why not marry a US citizen..... that will take care of all your "problems" says AjameriBaba..... :D