GC_quest
05-25 06:32 PM
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
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royjonny
06-19 01:16 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
eb3India
11-30 11:44 AM
Hi,
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
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eastindia
07-29 12:33 PM
That explains it.If your company is blacklisted you are in a deep hole and should have a backup plan for employment. You should consult more good lawyers.
more...
lonedesi
10-20 12:01 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
Aah_GC
06-14 12:29 AM
Hi Guys,
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
Edit:
Prepared the following documents today along with a cover letter -
Copy of the Confirmation Receipt notice
Copy of Current EAD (Front & Back)
Copy of I-485 receipt
Copies of I485 Case Transfer notices if any
Copy of Cut out mailer of previous EAD Approval.
Copy of I-94
Copy of Passport (which has Bio-graphic data)
Copy of Drivers License
Important: YOU DONT HAVE TO SEND PICTURES
I intend to send mine and my spouse's documents seperately.
Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
Edit:
Prepared the following documents today along with a cover letter -
Copy of the Confirmation Receipt notice
Copy of Current EAD (Front & Back)
Copy of I-485 receipt
Copies of I485 Case Transfer notices if any
Copy of Cut out mailer of previous EAD Approval.
Copy of I-94
Copy of Passport (which has Bio-graphic data)
Copy of Drivers License
Important: YOU DONT HAVE TO SEND PICTURES
I intend to send mine and my spouse's documents seperately.
Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).
more...
sunshine2007
08-27 04:55 PM
this is a EB3 case and i'm the primary applicant not my spouse
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GCBy3000
07-22 03:46 PM
Too early for this thread. Only you could see NO. Is there anyway to create a poll to change from No to YES when the checks are cleared. Then this will be useful, otherwise it is going to be a waste thread in next two days.
more...
Aura M.
02-21 03:24 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
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pitha
11-19 01:47 PM
This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.
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laborfd
05-22 09:21 AM
Katrina, How did you know that DBEC is processing 2005 case?
I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.
I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.
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karthkc
03-18 05:19 PM
Yha i got my EAD through Spouse.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
more...
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vikramy
10-07 02:42 PM
You are in AOS status now. need to file New I9 as all said.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
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GreenLantern
06-15 08:30 PM
PM please.
more...
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belmontboy
05-20 09:52 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
i think she fell asleep on keyboard, before she could finish the question :D
i think she fell asleep on keyboard, before she could finish the question :D
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AZ_GC
08-27 05:23 PM
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
Thanks,
Jayant
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
more...
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reddy77
11-06 03:29 PM
I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...
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sku
12-31 12:43 AM
Bump
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seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
DareYouFireMe
03-12 11:35 AM
If you look closely its for the I-484 stage. I have also been told that the first stage has to be apporved. So the first I-140 has to be approved (earlier priority date). The word 'subsequent' is throwing the confusion around.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).
example i guess clears the statement.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).
example i guess clears the statement.
delhiguy
07-02 03:13 PM
[QUOTE=vinabath]I paid for a 2007 labor for 15k. Now I am screwed.[/QUOTE
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
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