gondalguru
09-29 11:58 AM
Its kinda confusing and really not that big or sensational.
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
Pagal
06-26 08:48 AM
Hello,
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
urstruly
07-26 09:51 PM
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
PD_Dec2002
08-27 04:58 PM
this is a EB3 care and i'm the primary applicant not my spouse
In that case, your divorce should not affect your I-485. You only need to make sure that you (or your lawyer) withdraw the I-485/EAD/AP for your wife.
Thanks,
Jayant
In that case, your divorce should not affect your I-485. You only need to make sure that you (or your lawyer) withdraw the I-485/EAD/AP for your wife.
Thanks,
Jayant
more...
jaggu bhai
08-23 11:53 AM
Yes.....HIb is correct....
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
jay
05-19 08:22 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
more...
aries
08-07 07:35 PM
I came back on Sunday after landing with a expired visa but valid H1B till 2010
My family had valid visa till sept 07
So we donot need a valid stamped visa to come back. ? We can come back if we have H1 papers.Thanks for the respose.
My family had valid visa till sept 07
So we donot need a valid stamped visa to come back. ? We can come back if we have H1 papers.Thanks for the respose.
sgc2007
07-08 06:23 PM
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
more...
ragz4u
03-08 09:48 PM
There is no posted transcript yet on the Website - how did it go?
As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all
This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html
DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.
By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.
All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.
SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.
DOBBS: Senator, you're in markup. How did it go today? Are you near completion?
SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.
DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?
SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.
I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.
And if they want to become citizens, to go through the processes which comport with the law.
DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.
They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.
How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.
Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.
We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.
DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.
SPECTER: Sure.
DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.
SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.
DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.
As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all
This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html
DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.
By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.
All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.
SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.
DOBBS: Senator, you're in markup. How did it go today? Are you near completion?
SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.
DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?
SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.
I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.
And if they want to become citizens, to go through the processes which comport with the law.
DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.
They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.
How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.
Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.
We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.
DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.
SPECTER: Sure.
DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.
SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.
DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.
vparam
10-31 11:25 PM
Are you sure that you do not fall in any of the 4 category, since one refers to date of birth...
more...
snathan
05-18 10:37 AM
Probably he is talking about the conditional green card one gets after marrying a US citizen
In this case, I guess there is only two options. Either wait patiently or lose the GC. Even after getting the GC there is certain time period. If the person file for divorce, it will trigger investigation and there is a chance to revoke the GC.
If she desparately wants GC the only way is to work out with her husband.
anyway check with the lawer.
In this case, I guess there is only two options. Either wait patiently or lose the GC. Even after getting the GC there is certain time period. If the person file for divorce, it will trigger investigation and there is a chance to revoke the GC.
If she desparately wants GC the only way is to work out with her husband.
anyway check with the lawer.
vparam
05-31 05:03 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
140 AP - august 2005
485/EA/AP - sent it out today
more...
dan19
08-28 03:16 PM
My lawyer is arguing that a MS degree in CS would be sufficient evenif I don't have a BS CS degree.
I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.
Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.
I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.
Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.
javadeveloper
08-20 04:20 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
more...
nomi
04-18 04:59 PM
How many people will be able to file their I-485 because of May Visa Bulletin 2007 since EB3 for world move Aug. 2002 to Aug. 2003 ?
How many people will be able to file their I-485 if EB3 for world move Aug. 2003 to Aug. 2004 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2003 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2004 ?
How many people will be able to file their I-485 if EB3 for world move Aug. 2003 to Aug. 2004 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2003 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2004 ?
up_guy
08-22 09:31 AM
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
more...
aa_ke_phas_gaya
04-30 05:09 PM
I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
kcindian
05-29 12:12 PM
This is good information. Thanks for sharing.
jnayar2006
05-29 12:43 PM
I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
chanduv23
09-15 04:22 PM
Bump
rajarao
07-14 08:54 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
