desi3933
01-30 02:27 PM
Ok now I am confused. I was laid off while in India. Since I could not then use my H1 to reenter, I used the AP. So my I-94 is stamped as AOS. Are you saying this was not a lawful admission? Are you implying that from the time I entered the US on AP (Dec till date) is unlawful?
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
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mallu
04-23 08:51 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Keep on waiting.
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Keep on waiting.
snathan
03-10 01:13 PM
Yes...we need to get the unused visa numbers. But this is not the right time for that. Because of the economy there will be huge outcry and we should avoid the negative publicity.
In this situation if things are not going bad for us, we should be happy. At least for status quo rather than losing what we have.
In this situation if things are not going bad for us, we should be happy. At least for status quo rather than losing what we have.
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GCDream
02-09 04:23 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
more...
pappu
12-28 10:56 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
qesehmk
02-12 02:46 PM
No rally, No pubic initiative.
You mean PUBLIC !!
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You mean PUBLIC !!
Thanks .... you made me laugh after greyhair beat the daylights out of me!!
more...
cdeneo
03-07 02:28 PM
Can someone please shed light on this - I was looking for the same information.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
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sam_hoosier
12-05 04:52 PM
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
Where can I find that documentation ?
Where can I find that documentation ?
more...
stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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vghc
07-03 11:10 AM
Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
more...
perm2gc
01-10 09:24 PM
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13914
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texanguy
06-08 06:26 PM
I thought the spillover starts at July, but it doesnt look that way. When would they do the spillovers? in next two months??? i thought we are done for 2009 quota...
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
more...
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alterego
07-18 05:30 PM
Looking at these figures and trying to read the tea leaves for the upcoming year is what this thread is really about. A noble if useless pursuit.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
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Macaca
06-13 05:23 PM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D2)
more...
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meera_godse
01-30 02:13 PM
thanks. Found a few reviews on desicrunch. but very few.
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BharatPremi
03-17 01:33 PM
1) Labor Substitution
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
more...
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11-11 07:23 AM
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flresident
04-08 11:36 AM
I went to India for vacation in Dec end, 2008 and came back on Jan end, 2009.
This was my 4th trip in 8 years.
POE: Atlanta with my wife and 2 kids.
process was lengthy but lady officer was very nice, usual questions, no issue at all.
I renewed my H1b stamp in India also. same. usual questions about my job and visa. some questions to my wife also for H4 renewal. No issue at all.
I hope this helps (in calming down) guys who are visiting india. No need to panic if your documents are ok.
This was my 4th trip in 8 years.
POE: Atlanta with my wife and 2 kids.
process was lengthy but lady officer was very nice, usual questions, no issue at all.
I renewed my H1b stamp in India also. same. usual questions about my job and visa. some questions to my wife also for H4 renewal. No issue at all.
I hope this helps (in calming down) guys who are visiting india. No need to panic if your documents are ok.
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sw33t
01-19 02:39 PM
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that.
Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.
Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.
varshadas
12-14 08:20 PM
Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.
Thanks,
Varsha
Thanks,
Varsha
dummgelauft
08-21 11:33 AM
Uscis has done nothing wrong.
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
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