nmdial
03-31 12:13 PM
I initially voted in favour of this, but on further reflection, I think this is bad policy and urge others to not support this.
Giving I-485 benefits to people without current PDs is a bad idea. It creates a class of immigrants who are neither non-immigrant visa holders (h1b) nor are they lawful permanent residents (i-551) with a set of rights that falls into neither category. The AoS pending status is intended as a short-duration temporary "gap" coverage for people who are a matter of months from having actual I-551 rights.
Essentially, this proposal aims to make every month into the July 2007 fiasco. In addition, and this is the truly horrible part of it, relieves US employers of the pressure and costs they feel now, extending H1Bs every 3 years. That means that the only allies that legal EB immigrants have (US Employers who require their services) are detached from the immigrants themselves...they no longer have a dog in the hunt, and will stop whatever pressure they are bringing to bear now upon Congresscritters and Senators to increase the number of EB visas available.
Disconnecting the interests of foreign-national employees from their US employers will weaken the political position of the foreign-national employees. We cannot vote or contribute to campaigns, our employers however, can do both. If employees are shifted to EADs and APs, with no further involvement of employers in their immigration status needed, then those employers become disconnected from the process, and the one and only ally the legal immigrant has is no longer interested. That's a horrible thing for the immigrant to advocate.
I strongly urge IV to back away from this proposal, as it is not in the long-term interests of the EB Immigrant community. I urge IV to instead focus their resources on items that will help immigrants long term, like increasing the number of EB visas available through initiatives like eliminating the DV program and allocating the visas to EB applicants.
Thanks for your insight. This is another perspective and it demands further discussion and analysis. The wait time between filing I-485 and receiving the green card is already beyond the norm and a lot of companies are aware of this. Imagine the wait times for the people who haven't yet been able to file for their Adjustment of Status. Wouldn't it help them (and their dependents) if they are at least allowed to file for their AOS? I invite the members to provide their perspectives on the issues raised by JeffDG above. Please do not attack each other. Let us fight together in lieu of fighting each other..
Giving I-485 benefits to people without current PDs is a bad idea. It creates a class of immigrants who are neither non-immigrant visa holders (h1b) nor are they lawful permanent residents (i-551) with a set of rights that falls into neither category. The AoS pending status is intended as a short-duration temporary "gap" coverage for people who are a matter of months from having actual I-551 rights.
Essentially, this proposal aims to make every month into the July 2007 fiasco. In addition, and this is the truly horrible part of it, relieves US employers of the pressure and costs they feel now, extending H1Bs every 3 years. That means that the only allies that legal EB immigrants have (US Employers who require their services) are detached from the immigrants themselves...they no longer have a dog in the hunt, and will stop whatever pressure they are bringing to bear now upon Congresscritters and Senators to increase the number of EB visas available.
Disconnecting the interests of foreign-national employees from their US employers will weaken the political position of the foreign-national employees. We cannot vote or contribute to campaigns, our employers however, can do both. If employees are shifted to EADs and APs, with no further involvement of employers in their immigration status needed, then those employers become disconnected from the process, and the one and only ally the legal immigrant has is no longer interested. That's a horrible thing for the immigrant to advocate.
I strongly urge IV to back away from this proposal, as it is not in the long-term interests of the EB Immigrant community. I urge IV to instead focus their resources on items that will help immigrants long term, like increasing the number of EB visas available through initiatives like eliminating the DV program and allocating the visas to EB applicants.
Thanks for your insight. This is another perspective and it demands further discussion and analysis. The wait time between filing I-485 and receiving the green card is already beyond the norm and a lot of companies are aware of this. Imagine the wait times for the people who haven't yet been able to file for their Adjustment of Status. Wouldn't it help them (and their dependents) if they are at least allowed to file for their AOS? I invite the members to provide their perspectives on the issues raised by JeffDG above. Please do not attack each other. Let us fight together in lieu of fighting each other..
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suni
08-27 12:56 PM
My friend H1B is expiring this month end but she has valid EAD wth her.When we are planning to use EAD from H1B,what is the procedure for that?Do we have to send any forms to INS for this change of status??
snathan
07-14 06:14 PM
I filed my I-485 and I-140 together in July 2007 using substitute labor (priority date) in Eb3 category.
I have Master degree, so can I change my category from EB3 to EB2 and keep the same priority date?
Thanks in advance and any help would be great.
No, you can not. there are lot more factors than your qualification.
I have Master degree, so can I change my category from EB3 to EB2 and keep the same priority date?
Thanks in advance and any help would be great.
No, you can not. there are lot more factors than your qualification.
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twife
09-14 02:27 PM
Hi ,
My husband has a conviction for domestic violence. he was not jailed but is under probation. he is on h1b visa and i am on h4. his i140 was approved before the conviction. also both our visa extension were approved prior to that. currently visa stamp in both our passport has expired but we have valid i-94. i need to visit india for urgent family health issue. if i go i will need to get a new stamp. Can his arrest result in my visa getting denied at consulate. Or will it create any problems for me at port of entry?. he is not going to travel with me
Thanks in advance for ur help
My husband has a conviction for domestic violence. he was not jailed but is under probation. he is on h1b visa and i am on h4. his i140 was approved before the conviction. also both our visa extension were approved prior to that. currently visa stamp in both our passport has expired but we have valid i-94. i need to visit india for urgent family health issue. if i go i will need to get a new stamp. Can his arrest result in my visa getting denied at consulate. Or will it create any problems for me at port of entry?. he is not going to travel with me
Thanks in advance for ur help
more...
shankarsivam
04-13 05:51 PM
Hello Attorneys / Experts,
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted H1B - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted H1B - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
gcformeornot
04-28 11:55 AM
___________
more...
immi2010
03-03 05:34 PM
I have an issue with my recent H1B approval on Feb'2010. I am seeking your advice in this regard.
I have been in H1B since 11/01/2005 , entered US on 04/20/2006 and my PERM has been already approved with a PD of 03/15/2009. My current I 94 is expiring on 4/13/2010. Recently I got an H1B extension approval of just 1 year (4/13/2010 to 4/13/2011) , which is less than actual 6 years with approved PERM.
Do you think that any appeal or ammendent can be done to extend the approval period? With my H1B petition I had to enclose a client engagement letter which confirmed my engagement but didn�t have any engagement end date there.
If you think that any appeal or ammendent can be done with USCIS, then kindly advise me accordingly. Thanks
I have been in H1B since 11/01/2005 , entered US on 04/20/2006 and my PERM has been already approved with a PD of 03/15/2009. My current I 94 is expiring on 4/13/2010. Recently I got an H1B extension approval of just 1 year (4/13/2010 to 4/13/2011) , which is less than actual 6 years with approved PERM.
Do you think that any appeal or ammendent can be done to extend the approval period? With my H1B petition I had to enclose a client engagement letter which confirmed my engagement but didn�t have any engagement end date there.
If you think that any appeal or ammendent can be done with USCIS, then kindly advise me accordingly. Thanks
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pd052009
03-31 12:00 PM
Countdown: 31 More days to go (Incl. today)
Required Yes Votes : 5000
Read from the below link for more details
http://immigrationvoice.org/forum/2243885-post2.html (Support Thread for "I485 filing w/o Curr. PD" initiative)
Required Yes Votes : 5000
Read from the below link for more details
http://immigrationvoice.org/forum/2243885-post2.html (Support Thread for "I485 filing w/o Curr. PD" initiative)
more...
ameryki
10-15 11:00 PM
got mine in 10 days
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neeidd
10-14 11:46 AM
Hi All,
I am purchasing tickets to INDIA in an hour. Haven't thought about this much until one of my friends asked me this. My priority date is March 2005. I am planning to travel to INDIA using AP in December last week and come back in first week of Feb 2010. IF my GC gets approved during my stay in INDIA, would it a problem while coming back or if an RFE is issued, would it be a problem.
Please advice
Thanks
I am purchasing tickets to INDIA in an hour. Haven't thought about this much until one of my friends asked me this. My priority date is March 2005. I am planning to travel to INDIA using AP in December last week and come back in first week of Feb 2010. IF my GC gets approved during my stay in INDIA, would it a problem while coming back or if an RFE is issued, would it be a problem.
Please advice
Thanks
more...
cool_desi_gc
10-15 11:16 PM
Wife need to go to India for emergency. Advance Parole expired. Can she already leave while I apply AP now ? Or does she have to be in country until we get it ? Can i apply now and send it to her once i get it here ?
How much time normally it takes if we apply now ?
How much time normally it takes if we apply now ?
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zilmax007
08-23 01:24 PM
Guyz
Today my EAD status shows the following message:
Current Status: Card production ordered.
On August 17, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Details:
PD: Aug-2006
LC Approved: Sept-2006
EB2 I-140 Approved @ TSC : Oct-2006
485 Filed on 7/2 @ TSC
RD, ND received last monday.
Today my EAD status shows the following message:
Current Status: Card production ordered.
On August 17, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Details:
PD: Aug-2006
LC Approved: Sept-2006
EB2 I-140 Approved @ TSC : Oct-2006
485 Filed on 7/2 @ TSC
RD, ND received last monday.
more...
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green_pot
01-04 02:40 PM
Hi !
My husband is on H1 and i am on H4. We recently got our EADs. What I want to know is, can i start working right away with my EAD while my husband works on H1 or are there any rules like my husband also needs should change his status from H1 to EAD so that I may use my EAD card?
Thanks in advance.
My husband is on H1 and i am on H4. We recently got our EADs. What I want to know is, can i start working right away with my EAD while my husband works on H1 or are there any rules like my husband also needs should change his status from H1 to EAD so that I may use my EAD card?
Thanks in advance.
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Blog Feeds
04-29 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhVKjypy61Ep_GidgXJu1VXp-kuQH84kNz_icEeoQZ_z-iV10TUcyqauCtIFGTG71ZkgPXiLNHcmniLqwCXk98mBe8dUvZQTp2H1SplSvAjOItnwfOKmU5JJMJU0WTwTHGPoXbuaBKDGOmB/s200/abacus.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhVKjypy61Ep_GidgXJu1VXp-kuQH84kNz_icEeoQZ_z-iV10TUcyqauCtIFGTG71ZkgPXiLNHcmniLqwCXk98mBe8dUvZQTp2H1SplSvAjOItnwfOKmU5JJMJU0WTwTHGPoXbuaBKDGOmB/s1600/abacus.jpg)
As of April 22, 2010, USCIS had received just over 16,000 cases against the regular H-1B cap and 6,739 cases against the Master's degree cap.
USCIS provides regular updates on the processing of FY2011 H-1B petitions. The updates can be found on the USCIS� website here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-4013860618767567056?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/04/2011-h-1b-cap-count-updated.html)
As of April 22, 2010, USCIS had received just over 16,000 cases against the regular H-1B cap and 6,739 cases against the Master's degree cap.
USCIS provides regular updates on the processing of FY2011 H-1B petitions. The updates can be found on the USCIS� website here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-4013860618767567056?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/04/2011-h-1b-cap-count-updated.html)
more...
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immigration1234
04-22 03:11 PM
Hi,
I have filed my AOS last july and I have moved to a new address. Could you please let me know how to contact USCIS for the address change?
Thanks and Appreciate your help!
I have filed my AOS last july and I have moved to a new address. Could you please let me know how to contact USCIS for the address change?
Thanks and Appreciate your help!
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wandmaker
12-24 09:50 PM
I got H1 this year. I was applied my ssn on oct 9 th. still i didn't get my ssn number. two days back ssn people called and told that "in online it is showing your EAd card. so we can give u ssn if you bring the EAD card". My question is if i give my EAD, will the h1 get cancelled. please suggest me.
Dont worry, showing EAD to SSA office will not cancel or invalid your H1B. Goto SSA office and tell them you have both H1B as well as EAD.
Dont worry, showing EAD to SSA office will not cancel or invalid your H1B. Goto SSA office and tell them you have both H1B as well as EAD.
more...
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gccrazy007
11-18 12:58 PM
Employer A - LC applied in Dec 07, Currently on 7th year extension till Jan 2010. Stamped visa.
Employer B wishes to recruit me by transfer H1-B and utilize recapture time. The total time they would get is till Apr 2010 (which includes recpature time) along with 7th year I-797.
Employer B wishes to file LC 1 month after I join them.
Assuming that I join them by end of Dec 2009, I have the following questions about my H1-B extension
Lets consider Dec 30th as the date to start the LC application.
What I understand is that based on the LC from Employer B,
Can I get extension on my H1-B beyond APR 2010.
for 1 yr - Based on LC from employer B being pending/approved until Apr 2010
for 3 yr - Based on LC from employer B being approved and I-140 approved.
Apply for premium processing of I-140 before 60 days of Apr 2010 if LC is approved and I-140 is pending.
Your response is appreciated.
Employer B wishes to recruit me by transfer H1-B and utilize recapture time. The total time they would get is till Apr 2010 (which includes recpature time) along with 7th year I-797.
Employer B wishes to file LC 1 month after I join them.
Assuming that I join them by end of Dec 2009, I have the following questions about my H1-B extension
Lets consider Dec 30th as the date to start the LC application.
What I understand is that based on the LC from Employer B,
Can I get extension on my H1-B beyond APR 2010.
for 1 yr - Based on LC from employer B being pending/approved until Apr 2010
for 3 yr - Based on LC from employer B being approved and I-140 approved.
Apply for premium processing of I-140 before 60 days of Apr 2010 if LC is approved and I-140 is pending.
Your response is appreciated.
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v2010
07-09 02:24 PM
Hello,
I have few questions and seeking your advise on it. Currently I have a H1B and EAD with EB3 category GC application.
1. I am working on H1B for "X" company and they have filed extension for it. Now, I got an offer from "Y" company and they are willing to transfer my H1B.
Is there any problem for H1B transfer to the Y company while it is filed for extension from my current employer?
2. The new company "Y" is also going to file my new GC labor and I-140 as job has little different and senior role but similar to what I had in my previous H1B and GC labor in EB2 category.
Now, can my current employer "X" company remove I-140 or create any kind of problem for my immigration status, specially with GC?
Any information, you can provide will be really helpful.
I have few questions and seeking your advise on it. Currently I have a H1B and EAD with EB3 category GC application.
1. I am working on H1B for "X" company and they have filed extension for it. Now, I got an offer from "Y" company and they are willing to transfer my H1B.
Is there any problem for H1B transfer to the Y company while it is filed for extension from my current employer?
2. The new company "Y" is also going to file my new GC labor and I-140 as job has little different and senior role but similar to what I had in my previous H1B and GC labor in EB2 category.
Now, can my current employer "X" company remove I-140 or create any kind of problem for my immigration status, specially with GC?
Any information, you can provide will be really helpful.
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Ann Ruben
04-15 09:13 AM
The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.
Hope this helps,
Ann
Hope this helps,
Ann
Blog Feeds
08-02 07:10 AM
Immigration Lawyers Blog Has Just Posted the Following:
USCIS has announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer be accepting cash payments. Other payment options will include money orders, credit cards, and checks (including personal checks).
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/ZK9BnhuCOWE
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/ZK9BnhuCOWE/uscis_changes_payment_options.html)
USCIS has announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer be accepting cash payments. Other payment options will include money orders, credit cards, and checks (including personal checks).
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/ZK9BnhuCOWE
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/ZK9BnhuCOWE/uscis_changes_payment_options.html)
JulyFiler
09-10 01:28 PM
You mean October bulletin?
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