frostrated
08-03 03:22 PM
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
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learning01
04-26 07:32 PM
The dogs may bark, but the caravan passes on. Just ignore. Read and be informed; but don't post. Don't mention.
vinodmp
02-11 09:52 PM
digging through my old documents now.
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
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Macaca
06-15 02:41 PM
As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
more...
dummgelauft
08-26 03:31 PM
Bump
gc101
07-18 12:32 PM
Ideally you would like her to come to states at least for 2-3 business days to get court marriage and filing of docs, but if thats not the case then this is your best option.
Raj3078/anybody,
Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).
gc101.
Raj3078/anybody,
Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).
gc101.
more...
karthkc
03-18 05:03 PM
Bump
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
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jazzy2
05-18 12:35 PM
hi sanju and others
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
more...
ebizash
10-15 02:04 PM
This is not 100% relevant to this thread but since we are discussing APs here, I thought I will ask the question.
Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.
Does anyone know for sure or have personal experience visitng the USVI?
Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.
Does anyone know for sure or have personal experience visitng the USVI?
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jayz
06-29 01:22 PM
Have anyone read this on Murthy site and care to opine?
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hebbar77
05-01 09:25 PM
If all members of this community pay 100 grand , we can buy a country in africa and build our own country!!
This could be good substitute for buying houses here worth 500-1000k$
What do u think!?:D
This could be good substitute for buying houses here worth 500-1000k$
What do u think!?:D
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kak1978
06-25 11:23 AM
May be some one who has already renewed their AP can answer this:
I am about to renew my AP. What will be the start date on the new AP. Is it the date after the current AP expires(like with EAD) or the date the renewal application is approved. Appreciate any responses.
Can someone answer this please.
Thank you.
I am about to renew my AP. What will be the start date on the new AP. Is it the date after the current AP expires(like with EAD) or the date the renewal application is approved. Appreciate any responses.
Can someone answer this please.
Thank you.
more...
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Canadian_Dream
04-21 01:53 PM
That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.
Thanks ! Thats what I thought , but wanted to confirm with senior members.
Thanks ! Thats what I thought , but wanted to confirm with senior members.
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nb_des
06-18 02:27 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
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svn
04-09 07:33 PM
With the May 09 Visa bulletin out, it should now be even more clearer to everyone that there will no progress without coordinated action. This poll shows there are at least 40 people who are interested in doing something to make a difference (thanks to those who have participated so far). Of course, I cannot believe there are not more people out there who want to step forward and make a commitment towards achieving their goal!
At the same time, I am really surprised by the lack of response by Core as well! Maybe there are not enough people in Core to be going around posting in these threads, but isn't that a problem?? I am even more convinced we need to meaningfully expand the Leadership organization and involve more people in order to move forward. It's not realistic to have the same people running around trying to do everything but it doesn't have to be that way.
Core team, would appreciate a response.
At the same time, I am really surprised by the lack of response by Core as well! Maybe there are not enough people in Core to be going around posting in these threads, but isn't that a problem?? I am even more convinced we need to meaningfully expand the Leadership organization and involve more people in order to move forward. It's not realistic to have the same people running around trying to do everything but it doesn't have to be that way.
Core team, would appreciate a response.
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himu73
11-08 01:09 PM
Why do you think Diwali is only for Indians ? It has been recognized by US as a national festival just last week. It okay to deviate from norm sometimes. We will make sure there are wishes given for each festival. Festivals are meant to showcase culture and bring people together.
Happy Eid, Happy christmas ,Happy Hanukah in Advance.
We know we are working together for a cause. Stop the negative energy and increase postiive energy with the Festival of lights.
Happy diwali to all (Not just Indians )
msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.
Happy Eid, Happy christmas ,Happy Hanukah in Advance.
We know we are working together for a cause. Stop the negative energy and increase postiive energy with the Festival of lights.
Happy diwali to all (Not just Indians )
msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.
more...
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vinodp1978
06-28 03:44 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
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vagish
04-29 08:55 AM
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
I do not think they told us the lies, I think we raised our expecations too much, we did not do our homework. its one of those advertisement gimmicks,
where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.
thanks
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
I do not think they told us the lies, I think we raised our expecations too much, we did not do our homework. its one of those advertisement gimmicks,
where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.
thanks
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kiran_k02
08-03 01:53 PM
Let us say USCIS has unused visas, which they want to allocate and they have moved cutoff dates to Jun, 2006 for EB2, similarly Sep 03 for EB3.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
desi3933
06-18 03:11 PM
My wife's H4 expires on Oct 1, 2007......We plan to file our I-485 by July 16, 2007.......I am sure it will take atleast 90 days to get her EAD.....whats her status between Oct1,2007 till the time EAD gets approved?......Will she be in valid status during that period?
She will be in AOS Pending status after Oct 1st, 2007 due to pending I-485 application. EAD does not provide any status.
What is your status? I assume H1-B. You can file for H1 and H4 extensions.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
She will be in AOS Pending status after Oct 1st, 2007 due to pending I-485 application. EAD does not provide any status.
What is your status? I assume H1-B. You can file for H1 and H4 extensions.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
GooblyWoobly
09-14 07:10 PM
here's my explanation why i think retrogression will get worse -
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
