saileshdude
05-20 10:12 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
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guyfromsg
07-18 08:34 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.
Pagal
07-19 09:37 AM
Hello,
Even as per Indian courts, the contract is valid only if mutually enforceable, which means that the company also needs to give you a two month's notice in case of termination.
Though there is very little risk, why burn the bridges? Be nice and negotiate a mutually agreed exit ... put in some extra hours if needed to transfer the knowledge or to answer any questions to your current job later on. I doubt if your current manager will turn down such an arrangement whereby you help him/her out when needed over a course of next two months...
For your career, the network is more important than the immediate monetary benefits, just my two cents... :)
Even as per Indian courts, the contract is valid only if mutually enforceable, which means that the company also needs to give you a two month's notice in case of termination.
Though there is very little risk, why burn the bridges? Be nice and negotiate a mutually agreed exit ... put in some extra hours if needed to transfer the knowledge or to answer any questions to your current job later on. I doubt if your current manager will turn down such an arrangement whereby you help him/her out when needed over a course of next two months...
For your career, the network is more important than the immediate monetary benefits, just my two cents... :)
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manish1905
02-04 08:57 AM
Congrats!!!
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villamonte6100
10-05 11:03 AM
Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.
desi3933
08-04 11:14 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
more...
gc_on_demand
05-05 09:54 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
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DareYouFireMe
01-31 03:15 PM
You can also obtain it through Freedom of Information
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
more...
Leo07
09-16 05:52 PM
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munnashi
10-31 06:08 AM
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
more...
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04-21 09:51 AM
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motown
08-23 08:08 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Each county has a 7% cap limit.
Backlog Processing centers reported way back in early 2005 that they have
~180,000 cases.If most of the 2001 cases are cleared in the current fiscial year, we should see some movement in the October bulletin for ROW.
Motown
Thanks
Each county has a 7% cap limit.
Backlog Processing centers reported way back in early 2005 that they have
~180,000 cases.If most of the 2001 cases are cleared in the current fiscial year, we should see some movement in the October bulletin for ROW.
Motown
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MONCYS
01-20 03:50 PM
My I-140 got approved in EB2 category in USA. My spouse who is on H4, born in U.A.E (Dubai) holds an Indian passport.
I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.
Apprecite any help.
I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.
Apprecite any help.
more...
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Madhuri
04-09 11:30 AM
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
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trueguy
12-11 01:43 AM
In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
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paskal
12-19 03:12 PM
Dear MN members,
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
obelix
03-02 06:54 PM
Regarding "New Scenario - Seeking second opinion"
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Thanks Jvs.
I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.
I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.
I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.
I've already started working on docs. and hopefully I'll submit in the first week of April.
Thanks for your input again. I really appreciate.
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Thanks Jvs.
I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.
I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.
I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.
I've already started working on docs. and hopefully I'll submit in the first week of April.
Thanks for your input again. I really appreciate.
jhaalaa
11-11 10:56 AM
I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
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