pd_recapturing
12-02 07:25 PM
Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
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gmpa
01-17 01:20 PM
My H1 and family's H4 non-premium extensions were applied on 10/12/07 and approved from Vermont last week on 1/10/08. Approvals not yet physically received. These extensions were on the basis of approved I-140 and retrogressed EB-3 PD.
averagedesi
07-13 02:57 PM
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States 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.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States 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.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
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man-woman-and-gc
01-18 01:15 PM
The USCIS procedures do not follow any logic....all of you need to join the Letter Campaign started by IV if you have not already.
That is the only ray of hope that I can see for now.
That is the only ray of hope that I can see for now.
more...
needhelp!
02-12 07:24 PM
Unbelievable!
At these places, we have run into several IV members who say things like: "OH THANK YOU, I have been wanting to write this letter.... now where do I need to sign???"
At these places, we have run into several IV members who say things like: "OH THANK YOU, I have been wanting to write this letter.... now where do I need to sign???"
raydon
10-08 08:47 PM
India is in the process of having social security agreements with France and Germany.
http://in.news.yahoo.com/139/20080930/874/twl-india-france-ink-social-security-pac.html
http://in.news.yahoo.com/43/20081008/812/tnl-india-germany-sign-social-security-a_1.html
Don't know about anything with the US happening anytime soon. But it would definitely help those who worked here contributed to the one-way SSA pool and left before 10 years.They never got to have the social security benefits. If work visas are made available relatively easily and job openings go up in these countries, people would prefer going to these countries rather than to the US.
http://in.news.yahoo.com/139/20080930/874/twl-india-france-ink-social-security-pac.html
http://in.news.yahoo.com/43/20081008/812/tnl-india-germany-sign-social-security-a_1.html
Don't know about anything with the US happening anytime soon. But it would definitely help those who worked here contributed to the one-way SSA pool and left before 10 years.They never got to have the social security benefits. If work visas are made available relatively easily and job openings go up in these countries, people would prefer going to these countries rather than to the US.
more...
sachug22
09-13 03:25 PM
deleted
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zoooom
05-05 04:10 PM
i second that...
more...
roseball
03-24 07:39 PM
If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....
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Enebreus
02-09 03:11 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
more...
dealsnet
02-24 08:57 AM
Easy way is let her go to India and stamp H-4 based on your approved H1 ASAP.
All other process takes time. This will take less than 2 weeks.
My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC
All other process takes time. This will take less than 2 weeks.
My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC
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maverick_joe
05-05 04:20 PM
when did you file your 485? I really woudnt balme you for calling multiple times..but if its been 60 days since the current processesing dates(check the processing date of the service center you filed your case at) then there is absolutely no harm calling them to check the status.
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
more...
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txh1b
09-14 03:43 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Good Luck!
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kbsyed61
03-17 12:59 PM
This is what my attorney replied to a similar question.
------------------------------------------
From: Attorney
Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.
-----------------------------------------
Hope this helps.
------------------------------------------
From: Attorney
Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.
-----------------------------------------
Hope this helps.
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divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
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Cheran
04-08 02:16 PM
There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
more...
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immi_enthu
08-10 12:27 PM
This is just a thought. isn't everyone calling USCIS for receipts, several times a day some form of protest ? FYI , I called only once so far...
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howzatt
07-25 09:17 AM
Anybody please help ....
Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!
Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!
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mambarg
09-26 12:41 PM
If you see data.
Approvals started happening only in JUNE, JULY, AUG, SEP.
So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
But only those current in Oct will get VISA number assigned.
Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.
Things have definitely changed for better at USCIS due to fiasco.
Approvals started happening only in JUNE, JULY, AUG, SEP.
So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
But only those current in Oct will get VISA number assigned.
Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.
Things have definitely changed for better at USCIS due to fiasco.
pinky001
09-18 03:51 AM
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
mytv
08-26 07:15 PM
reply...
