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Wednesday, June 22, 2011

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  • nonimmi
    09-05 04:40 PM
    Those who are using EAD have to use AP, as H1 is no longer valid!! This whole correct/incorrect thing is useless as these rules were made when AOS processing time was less than a year. People with older PD who dont expect to get GC in coming 2-3 years and already working using EAD have to use AP. This was even the case when H1 used to be valid for six year only and once someone got EAD/AP they were using it happily during 2004-2005.





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  • prem_goel
    08-02 04:04 PM
    well there will always be certain exceptions everywhere....Michael Aytes did mention it publicly when he testified before congress in his document below

    http://www.uscis.gov/files/article/I...as_30Apr08.pdf

    he does mention that all these applications will be pre-adjudicated just short of visa number. So officially in my opinion they will not go back to these applications unless there is an exceptional condition which makes them do it. I can safely say that broadly it's not gonna happen.





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  • eager_immi
    07-18 09:42 AM
    Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution. Hi,

    Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.

    But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.

    We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.

    1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?

    2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?

    3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?

    Please remember, she DOES carry H1-B on her own.

    Thank you,
    gc101.





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  • vulcanfly
    07-19 01:42 PM
    I have my I140 approved long back but I wanted to make sure that we can get 3 yr extensions if we file 485 extensions.



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  • sanjeev_2004
    08-22 10:42 PM
    Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.

    USCIS doesn't stop the application process just because your PD is no longer current

    This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)

    "pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.





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  • sri1309
    01-14 09:15 PM
    I agree, you will be competing with all the illegals. But.....

    1. How likely are they to file their apps on the first allowable day that USCIS will accept the applications? Not very. Most of us know what's going on and will be ready to send in our apps first. Ofcourse if some EB based guy is pottering around instead of moving fast, thats his problem.

    2. How many illegals can afford the high priced attorneys? Most of these poor guys dont know to speak, read or write english, forget about filing out USCIS forms.

    3. How many illegals maintain perfect records of their time and can recreate a paper trail of the time they spent in the US. I certainly can and most legal wannabe immigrants can definitely prove the time they have been here (paystubs, utility bills, credit card statements, bank statements, etc.)

    The point I am making is - this is the best option I have seen in a long time. Even the stupid point based system had its drawbacks. This is unconditional. It will get vast support from the hispanic community also. The UK has the same thing. Be on a work permit for 5 years and then you are eligible to apply for Permanent Residency. I believe there is also some clause in the UK system that states that you have to have been in the UK illegally for 10 years as against 5 years for a legal immigrant. I'm sure setting the illegal bar at 10 years and legal bar at 5 would be acceptable for most people.

    Crazy,
    I am with you. I ugree with you.
    I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
    Buy the vay how long have you been in Umerica.u jained this forums nearly 1 ear ago, and jast 2 posts. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.



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  • mbawa2574
    07-21 12:32 PM
    Are they not supposed to make sure that they have enough senators on their side to pass this bill. Whatever we have won till this point is due to the efforts of core team and people who come to this website using media/campaigns. I have not seen results of any lobbying efforts by this lobbying firm. Am I wrong somewhere ?





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  • probe
    10-13 08:58 PM
    I applied AP for myself and my wife on Aug 29 (NSC), so far nothing. But My wife's EAD applied on Sept 2 got approved last week.



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  • tooclose
    08-11 10:48 AM
    Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)

    Take an info pass appointment to get more details if it is close to you.

    I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.





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  • belmontboy
    04-21 03:23 PM
    To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?

    This is not IT returns :) to do so



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  • rsharma
    10-09 08:54 PM
    From your profile,it seems that you are not a citizen neither a permanent resident, but Mr. Obama is "your" president ?, you need to greened first my friend before you can call him your president, until then Pratibha Patil is your president, and i dont think she won a Nobel prize, although i dont think she is any less deserving, heading the most populous and ancient democracy the world has ever known.
    Lastly, Congrats Obama, you da man.

    Dear Friend, I am totally correct to congratulate and call Mr. Obama as our President. He is definitely our President, since we live in US soil. As I aspire to become a US citizen ( I know a long way ahead) I should love US more than any other country in the world.

    I dont believe in staying at one place and think of another place. US is very special in my heart that is why I want to become an US citizen eventually. I want to blend in the melting pot of US.

    I hope most of us immigrants feel the same way for the country we want to permanently live in. We did not select our country of birth but we have selceted US as our country to live in. So I feel I should love US more as I have selected this country as my country to be.





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  • nk2006
    03-03 12:39 PM
    Bulls eye. this is what I am thinking.

    I am looking for an answer in general for all.

    As Chandu pointed out, in general, AOS (pending 485) status gives some protection in terms of maintaining legal status in between jobs. 'Technically' once six months are completed at the employer on whose job the I-485 has been submitted - we should be good. But the issue is AC21 process is not a well streamlined one - no forms etc. Earlier the volume of these cases might be very low for USCIS; now after the July 2007 there are lot more people in the I-485 stage and recent economic conditions could have contributed to large number of people using/potentially using AC21 process to change jobs. Heard many issues - hope USCIS will streamline the process for AC21 job change issues.



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  • fromnaija
    06-23 05:48 PM
    This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!


    Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.





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  • vik_tx
    05-16 12:24 PM
    now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)

    does any one have membership to the aila website.. I am curious to see whats posted behind the below link on the site..

    Just Posted
    DOL Final Rule on Substitutions and Other Labor Certification Issues
    http://aila.org



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  • dealsnet
    10-09 12:54 PM
    He got the nomination after 2 weeks in the office (Feb, 2009 last date for the entry). It is too early for him. We never know how he perform for next 3 years. Award must give after seeing the real work. Not by the speech by the politicians.

    President Obama wins the Nobel Peace Prize. Solving seemingly intractable international problems is chief on the President's foreign policy agenda. Hopefully, solving the immigration problem will remain chief on his domestic agenda.

    More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)





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  • flipflop
    12-11 08:47 PM
    It is not I, who decides it on what to do. It is always the opinion of majority members.

    You didn't get me. If the majority members say lets do all of them, which ones you think you will be able to do?



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  • cygent
    05-15 08:22 PM
    Recurring contribution : $20 per month

    I Pledge to bump up contribution in coming months (after I-140 premium/H1B extension)

    Awesome job! Thanks again folks!





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  • desi3933
    06-30 02:19 PM
    still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.

    I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.


    .





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  • akred
    04-11 09:46 PM
    ^





    vbkris77
    03-27 10:15 AM
    How about we will bet for/against predictions and let all the proceedings go to IV???





    Tonyy
    05-14 10:27 AM
    I also want to ask this question. If i want to appeal after 2 years then is that possible?