BharatPremi
03-26 11:09 AM
Hello BharatPremi,
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
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prince_waiting
05-18 12:48 PM
Quotas are exactly the reason I cannot go back to India ever...I absolutely hate them....There is already classification under EB category....BTW I have a MS in EE from Auburn University....Best bet for us is lost visa recapture.....
file485
12-20 01:18 PM
guys..
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
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keepon
07-15 09:05 PM
also I want to know, could I only apply for AP, or should I apply EAD AND AP together?
more...
senthil1
06-19 04:33 PM
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
wahwah
06-05 11:33 AM
since the new supplemental memo has been issued, the rule making agenda may be pushed off. but i think the new memo will be effective immediately.
See this..from immigration-law.com
However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.
See this..from immigration-law.com
However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.
more...
amsgc
06-12 08:47 PM
Mark Kirkoreiean's (or whatever his name is) thesis is that not everyone who gets a green card through EB is a genius, and that is not good for America. "Einstein" here doesn't understand that it takes more than a genius to make a company successful, and thereby create more jobs for your average Joe. If you are in the business of developing cutting edge technology, you certainly need some very smart people in your labs. But the guy who actually gets the product out of the door is your moderately above average skilled employee who knows how to get the job done. The whole argument that America needs the "best and the brightest" only is terribly flawed. And what better example than this Kericorien (or whatever his name is) character himself. In his testimony, he suggests that EB should be limited to EB1, and that too, to about 15K. Great, these 15K people will be able to do the job of the 500K gainfully employed individuals whose EB application is pending. Super! Good luck with selling that Mark.
After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!
Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D
Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.
And now a little prayer to calm down Soul!
"May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D
P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.
After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!
Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D
Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.
And now a little prayer to calm down Soul!
"May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D
P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.
2010 house new york city wallpaper
immilaw
09-14 04:28 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
more...
vkannan
02-11 01:45 PM
Looking at the .PDFs and the law on spillover, I agree with MPADAPAs analysis. Still hope that there would be spillovers from unused EB visa...sure it will be less compared to last year....but atleast feel/hope it would be enought to get through 2006....atleast for EB2 guys....
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file485
12-29 06:39 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
more...
paskal
08-31 05:18 PM
no jaime, there are excuses:
i did not get a receipt, without that how can i think of GC?
i filed 485. now why should i care?
(top two!)
my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?
there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.
apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:
i did not get a receipt, without that how can i think of GC?
i filed 485. now why should i care?
(top two!)
my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?
there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.
apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:
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alterego
07-25 01:31 PM
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
more...
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abracadabra102
12-05 06:06 PM
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.
Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.
tattoo of New York City Wallpaper
jchan
11-30 04:55 PM
A way to estimate ROW 485 applications
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
more...
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anilsal
07-20 11:00 PM
Please use this thread to track your NSC EADs (e-filed). ****No Paper based filing details here****
* Please do not ask questions about your case.
* Only E-Filings should be tracked on this thread. Please use the other tracker threads.
* Provide details about your filing date, FP notice, FP, RFEs and approval dates here.
Additionally, do consider the "High Five" Campaign.
http://immigrationvoice.org/forum/showthread.php?t=20183
Other Trackers:
NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)
NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)
* Please do not ask questions about your case.
* Only E-Filings should be tracked on this thread. Please use the other tracker threads.
* Provide details about your filing date, FP notice, FP, RFEs and approval dates here.
Additionally, do consider the "High Five" Campaign.
http://immigrationvoice.org/forum/showthread.php?t=20183
Other Trackers:
NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)
NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)
dresses True Crime: New York City
rvangipuram
08-22 11:20 AM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
This is what I found on immigration-law.com
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
This is what I found on immigration-law.com
more...
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stupendousman11
01-12 11:55 AM
Slight clarification to the new regulations:
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
girlfriend Free Times Square New York
sravani
05-22 04:33 PM
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
:) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D
:) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D
hairstyles Skyscrapers, New York City
admin
02-04 08:10 AM
Way to go California team. The rest of the states should look to CA as our role model.
h1-b forever
01-13 09:11 AM
How much does the Transit visa cost?
ashwin_27
05-12 07:21 PM
Exactly. Its a waste of time reading or following about this DREAM act v2.0.
All indications are that it is going nowhere and is just political posturing.
Let's hope for a speedy death for this abomination ... speedy death means issue over before elections/voting
All indications are that it is going nowhere and is just political posturing.
Let's hope for a speedy death for this abomination ... speedy death means issue over before elections/voting
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