abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
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go_getter007
01-17 03:19 AM
I relocated 2 years ago after spending more than a decade in the US. My choice was my hometown (not a Metro) due to a number of reasons - one of them was availability of jobs in my area of interest/expertise (which is business/management).
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
thomachan72
05-15 04:20 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
your PD is 2006 and you got the GC? please correct your PD.
your PD is 2006 and you got the GC? please correct your PD.
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samcam
10-24 01:44 PM
I guess it depends.. Initital fee is $2000 and then there are add ons to it based on different scenarios (none of them less than 250$ per person).
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cheg
08-14 06:26 PM
Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
a_yaja
01-08 08:06 PM
If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
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GCwaitforever
05-22 04:01 AM
This is from the immigrationportal. To report fraud/abuse/Government-contractor waste, use link http://judiciary.house.gov/reportfraud.aspx
I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.
Please flood Congress with your concerns and expose Exceed Corporation.
I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.
Please flood Congress with your concerns and expose Exceed Corporation.
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anilsal
01-11 03:03 PM
toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.
Thanks for coming forward with your frustration.
Thanks for coming forward with your frustration.
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misha
01-31 02:44 PM
While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
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raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
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nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
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xlr8r
07-17 04:53 PM
Where did you see this? I can see the Aug bulletin but not your update.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
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deardar
09-28 02:54 PM
How long did it take for you after filing the FOIA to get the concerned documents ?
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ab_tak_chappan
08-12 10:06 PM
To celebrate the success :D
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joydiptac
05-18 06:44 PM
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
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reachinus
08-25 09:42 AM
Good and happy to know that i was able to help you.
This is extremely helpful. I did not even get so much information from the Call Center.
Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)
This is extremely helpful. I did not even get so much information from the Call Center.
Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)
more...
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nozerd
02-01 12:40 PM
Landing is when you formally enter Canada as a Permanant Resident.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
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freakin_gc
11-14 03:19 PM
I dont have any hope that I will be receiving GC soon...my I-140 is still pending at NSC and unfortunately I'm from India ;(
PD AUG 2004(EB3)
140 Pending RD June 26th, 2007
485 Pending RD Aug 13, 2007
EAD APPROVED Oct 26, 2007
FP DONE SEPT Oct 20, 2007
AP APPROVED Nov 2, 2007
PD AUG 2004(EB3)
140 Pending RD June 26th, 2007
485 Pending RD Aug 13, 2007
EAD APPROVED Oct 26, 2007
FP DONE SEPT Oct 20, 2007
AP APPROVED Nov 2, 2007
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willwin
08-11 10:42 AM
thanks willwin
Thank you for initiating this!
I just followed your effort.
Thank you for initiating this!
I just followed your effort.
andhrawala
08-23 09:20 PM
Hi overseas,
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
makemygc
06-22 11:26 AM
Download trial version of Adobe Acrobat professional and you can very well save it.
Along with the data you entered?? :confused:
Along with the data you entered?? :confused:
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