samrat_bhargava_vihari
06-18 11:57 AM
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
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indian111
06-30 11:35 AM
AP apporved in 25 days from TSc
E-filed on May 22nd and got approval on June 27.
E-filed on May 22nd and got approval on June 27.
garybanz
11-29 05:18 PM
What is your wife's situation, is it simple H4 to EAD? I have seen dependent EADs delayed if they are coming from F1.
She is a straight H4 --> EAD
Thanks.
She is a straight H4 --> EAD
Thanks.
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24fps
02-15 07:28 PM
Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
actually pre 2000 the visa's were available all year long , then there was a crunch due to the y2K and then when the bubble burst it shrank again.
when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc
and again 20% was just taken from a sample space of about 260 or so
if USCIS were to count every case where a body-shopper has a guy on bench with no pay , h1b procured when no project available that 20% will double up atleast.
the Anti-immigrant lobby will always be present whatever year/century it is , its human nature , so that fight will always be there , in boom time or recession or whatever
but this country is smarter in terms of dealing with anti-immigrants unlike UK and parts of europe where they completely cave in.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
actually pre 2000 the visa's were available all year long , then there was a crunch due to the y2K and then when the bubble burst it shrank again.
when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc
and again 20% was just taken from a sample space of about 260 or so
if USCIS were to count every case where a body-shopper has a guy on bench with no pay , h1b procured when no project available that 20% will double up atleast.
the Anti-immigrant lobby will always be present whatever year/century it is , its human nature , so that fight will always be there , in boom time or recession or whatever
but this country is smarter in terms of dealing with anti-immigrants unlike UK and parts of europe where they completely cave in.
more...
rsn75
07-12 09:49 PM
All,
You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).
In G-639 form, Fill out the following information
I) Type of request
-> Freedom of information Act (FOIA)
2) Requester Information
--> Your Communication address
3) Consent to release information
--> Please choose "A portion of my records" box
4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).
5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record
8) Notary
-> Please Notarized the G-639 form
Send the filled form to the following address
National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010
You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD
I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).
Please let me know if you need any more information on this regard.
You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).
In G-639 form, Fill out the following information
I) Type of request
-> Freedom of information Act (FOIA)
2) Requester Information
--> Your Communication address
3) Consent to release information
--> Please choose "A portion of my records" box
4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).
5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record
8) Notary
-> Please Notarized the G-639 form
Send the filled form to the following address
National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010
You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD
I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).
Please let me know if you need any more information on this regard.
chanduv23
07-09 01:12 PM
I saw the thread about the negative comments on Fox... Can you please direct me to MSNBC's coverage on this?
Look for the Brian Williams thread
Look for the Brian Williams thread
more...
andvaca
07-25 10:58 AM
DELIVERED ON 02-July-2007
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PD_Dec2002
06-28 04:26 PM
Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!
Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.
Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.
Correct my intrepretation of law if wrong..
You can extend your H-1B. Why is EAD your only option?
Thanks,
Jayant
Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.
Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.
Correct my intrepretation of law if wrong..
You can extend your H-1B. Why is EAD your only option?
Thanks,
Jayant
more...
vivid_bharti
07-02 10:49 AM
Hmmm!!! You raised an interesting point....
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
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bugsbunny
04-21 02:29 PM
Either the OP is posting for time pass or need to read the Immigration for Dummies...
ahhh i assume you have read Immigration for Dummies...good for you. Unfortunately we are not all as knowledgeable. If you feel its time pass there is no need to reply. But laughing and mocking is not needed
ahhh i assume you have read Immigration for Dummies...good for you. Unfortunately we are not all as knowledgeable. If you feel its time pass there is no need to reply. But laughing and mocking is not needed
more...
eb3_nepa
10-10 04:49 PM
Here is what I dont understand..
245(i) cases are supposed to be hindering forward movement of EB3 cases because of Apr 2001 deadline. I would guess that majority of those cases are from Mexico (I am sure there are some from India as well). Now if that is true, then how come Mexico dates have moved to the month of May 2001 while India EB3 is stuck in April 2001 for the last so many months?
Just wondering..
This question has been bugging the HECK out of me as well. I mean the only way this makes sense is if 245(i) + EB3 for India >> 245(i) for Mexico. Now from all that i have read/heard/seen, it seems like 245(i) is the major hurdle. Then how is it that EB3 India is stuck and everyone else is moving? The above equation must mean that there is a SIGNIFICANT number of 245(i) cases from India as well. Any thoughts anyone? :confused:
245(i) cases are supposed to be hindering forward movement of EB3 cases because of Apr 2001 deadline. I would guess that majority of those cases are from Mexico (I am sure there are some from India as well). Now if that is true, then how come Mexico dates have moved to the month of May 2001 while India EB3 is stuck in April 2001 for the last so many months?
Just wondering..
This question has been bugging the HECK out of me as well. I mean the only way this makes sense is if 245(i) + EB3 for India >> 245(i) for Mexico. Now from all that i have read/heard/seen, it seems like 245(i) is the major hurdle. Then how is it that EB3 India is stuck and everyone else is moving? The above equation must mean that there is a SIGNIFICANT number of 245(i) cases from India as well. Any thoughts anyone? :confused:
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mrsahaayam
03-15 09:58 PM
Thank you La_guy and others....
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
more...
house The letter M Design
vagish
04-29 08:55 AM
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
I do not think they told us the lies, I think we raised our expecations too much, we did not do our homework. its one of those advertisement gimmicks,
where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.
thanks
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
I do not think they told us the lies, I think we raised our expecations too much, we did not do our homework. its one of those advertisement gimmicks,
where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.
thanks
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Jimi_Hendrix
11-09 04:08 PM
Joe Lieberman supports a lot of policies of Bush.I am not sure about the immigration policy.
I heard something about chapters.Whats going on?
I spoke to some other members and we should have an action plan by next week. In the meantime, try to find out other members in your state and try to interact with them.
Regards,
Jimi
I heard something about chapters.Whats going on?
I spoke to some other members and we should have an action plan by next week. In the meantime, try to find out other members in your state and try to interact with them.
Regards,
Jimi
more...
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Almond
01-01 06:31 PM
Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .
Yeah, and that's another thing. There are a lot of insensitive people out there who don't really know the meaning of sympathy and who think out of their butts. That is why when you feel like venting out you need to really select people that are more compassionate. No one expects a pity party, but at the same time no one should trivialize something as serious as this or give "advice" that is idiotic and that even they, had they been in this situation, would not do. I feel terrible for your friend because he has such education and is stuck like this. It feels like you're wasting the best years of your life just waiting. There is nothing that I or anyone can tell you or your friend to make you feel better but please listen to me and learn from my mistake, and tell your friend, too: DON'T WASTE THIS TIME. If you need to volunteer somewhere to use skills that you have that you are not allowed to use on your present job, DO IT. Or if you can take classes to learn new skills, DO IT. Find a way to be more than what you are now so that when this is over you are not just "floridasun, man stuck in the same job for 10 years" When you finally get out of this hell hole and someone looks at your resume and says, what, you did this for how long!? Then you can say, well I had a special situation, however, sir, look at these other things I have done.
Yeah, and that's another thing. There are a lot of insensitive people out there who don't really know the meaning of sympathy and who think out of their butts. That is why when you feel like venting out you need to really select people that are more compassionate. No one expects a pity party, but at the same time no one should trivialize something as serious as this or give "advice" that is idiotic and that even they, had they been in this situation, would not do. I feel terrible for your friend because he has such education and is stuck like this. It feels like you're wasting the best years of your life just waiting. There is nothing that I or anyone can tell you or your friend to make you feel better but please listen to me and learn from my mistake, and tell your friend, too: DON'T WASTE THIS TIME. If you need to volunteer somewhere to use skills that you have that you are not allowed to use on your present job, DO IT. Or if you can take classes to learn new skills, DO IT. Find a way to be more than what you are now so that when this is over you are not just "floridasun, man stuck in the same job for 10 years" When you finally get out of this hell hole and someone looks at your resume and says, what, you did this for how long!? Then you can say, well I had a special situation, however, sir, look at these other things I have done.
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rongha_2000
03-18 04:41 PM
Bump
:confused:I am in same situtation. I want to reenter on AP and continue on H1-B. Can I do that? My company says its their policy that once I use AP to enter I will have to switch from H1-B to EAD. I dont want to do that. Can I still continue on H1-B?
:confused:I am in same situtation. I want to reenter on AP and continue on H1-B. Can I do that? My company says its their policy that once I use AP to enter I will have to switch from H1-B to EAD. I dont want to do that. Can I still continue on H1-B?
more...
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sweet_jungle
12-19 06:31 PM
In 4 days ? That is so not NSC .
gcseeker, what was your sequence of delays?
gcseeker, what was your sequence of delays?
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shirish
05-21 01:53 PM
I think it is still June 29 2007
so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.
what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.
so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.
what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.
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franklin
09-20 03:34 PM
Agreed - everyone, lets put this to rest.
I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.
I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.
chanduv23
11-08 12:30 PM
Lets all pledge that we will work towards a world that will not have any religions like Christian, Hindu, Muslim ..............
There will be only 2 religions
(1) man
(2) woman
There will be only 2 religions
(1) man
(2) woman
gc28262
04-14 09:26 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.
Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.
See the following link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.
Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.
See the following link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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