nixstor
10-12 02:52 PM
Yes. That is exactly what happens. Everytime a cut-off date advances in a certain category, a sweep is conducted of all previously submitted I-485s, and either continue their processing, or if processed far enough, approve it. If a category retrogresses, processing on the case may or may not stop, but APPROVAL IS IMPOSSIBLE if the PD is before the cut-off date.
--> Plethora of information. Thanks
Yes, it is exactly the same. And that means their processing STOPS before approval. The 50,001st schedule A, submitted in, say, June/July/Aug 2006, will NOT be approved until her EB2 or EB3 PD becomes current.
--> Let say 50,001st appl has been filed in Aug 06. Shouldnt USCIS pass on the info to DOS so that they can retrogress it in OCT? In fact they have been saying that it might very well hit the 50K number some where in OCT and thats why they retrogressed it with Nov bulletin
Well, that is what happens. For example. My PD became current with the release of the Nov 2006 bulletin (I have submitted my I-485 3 years ago, and have had 2 sets of Fingerprints taken). Processing was completed on my case over a year ago, but I could not be approved until Nov 2006, because of my PD.
If, god forbid, I am not approved in November, and EB3 retrogresses back 2 months, I will once again be stalled.
--> I am sorry and Thanks again for making me aware of this. What you said makes sense to all other categories but some how I am under the impression that the Schedule A which is a one time quota will be the same. Now I dont understand why they have to retrogress schedule A to 10/05. How does retrogression even apply to a one time quota? Its not like there is another 50k
visas that will be available in 2 to 3 months ( assuming congress hasnt acted on any )
Of course their petitions wioll freeze, this is ALWAYS what happens with retrogression. Minor processing may take palce, but approval cannot and will not be given.
The 765/131s will be approved, I have had 3 sets since I submitted my I-485. These do not require your date to be current, they only require that your I-485 be submitted.
--> Good, they get their EAD's and AP's. What happens when DOS takes the Schedule A category off of VB?
--> Plethora of information. Thanks
Yes, it is exactly the same. And that means their processing STOPS before approval. The 50,001st schedule A, submitted in, say, June/July/Aug 2006, will NOT be approved until her EB2 or EB3 PD becomes current.
--> Let say 50,001st appl has been filed in Aug 06. Shouldnt USCIS pass on the info to DOS so that they can retrogress it in OCT? In fact they have been saying that it might very well hit the 50K number some where in OCT and thats why they retrogressed it with Nov bulletin
Well, that is what happens. For example. My PD became current with the release of the Nov 2006 bulletin (I have submitted my I-485 3 years ago, and have had 2 sets of Fingerprints taken). Processing was completed on my case over a year ago, but I could not be approved until Nov 2006, because of my PD.
If, god forbid, I am not approved in November, and EB3 retrogresses back 2 months, I will once again be stalled.
--> I am sorry and Thanks again for making me aware of this. What you said makes sense to all other categories but some how I am under the impression that the Schedule A which is a one time quota will be the same. Now I dont understand why they have to retrogress schedule A to 10/05. How does retrogression even apply to a one time quota? Its not like there is another 50k
visas that will be available in 2 to 3 months ( assuming congress hasnt acted on any )
Of course their petitions wioll freeze, this is ALWAYS what happens with retrogression. Minor processing may take palce, but approval cannot and will not be given.
The 765/131s will be approved, I have had 3 sets since I submitted my I-485. These do not require your date to be current, they only require that your I-485 be submitted.
--> Good, they get their EAD's and AP's. What happens when DOS takes the Schedule A category off of VB?
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garybanz
11-29 04:19 PM
You've got it.
You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production�either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.
Do i need to fill out another 765 form for an interim EAD?
Thanks.
You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production�either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.
Do i need to fill out another 765 form for an interim EAD?
Thanks.
McLuvin
03-27 11:21 AM
stop this prediction crap.
Sirji/Ma'm.... no offence... if you find it so very much irritating... there are a lot of other good/informative threads as well in this forum... Please read them...
This is something like a ... Feel Good Factor for all the injured hounds... Kaam Se Kaam Acha Sunne Ko Miltha Hai...
Sirji/Ma'm.... no offence... if you find it so very much irritating... there are a lot of other good/informative threads as well in this forum... Please read them...
This is something like a ... Feel Good Factor for all the injured hounds... Kaam Se Kaam Acha Sunne Ko Miltha Hai...
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EndlessWait
04-08 01:46 PM
I'd say, we've waited enough(6-12 years). I know we are all chasing the american dream (perhaps it is just a dream), we should just make peace and move back. Thank you congress, america for giving ppl (from so called 3rd world nations) like us the chance to come and serve this great nation.
mind you.. dont forget to take back your $$$
mind you.. dont forget to take back your $$$
more...
PavanV
10-10 11:17 AM
What makes you think I am biting the hand that feeds me ?, I have never sent a single penny home, there is no reason for me too (thank God almighty) I have spent whatever i have earned here :), I believe in being Roman while in Rome,I like USA very much and would like to make it home, but where is my Green card ??, until i get one I am still a citizen of my home country.
...This is height of hypocracy. I don't want to live, work or raise family in India, but for others ..."Bharat mata ki Jai". I want to come to US, live here, work here, earn US dollars, show-off to family/friends back in India, want and beg for GC/Citizenship, stood in line for year to GC or married citizen just to get GC, but ..."Bharat Mata ki Jai".:cool:
Oye ... kis nu ullu banna reha hain? Don't bite the hand that feeds you.
...This is height of hypocracy. I don't want to live, work or raise family in India, but for others ..."Bharat mata ki Jai". I want to come to US, live here, work here, earn US dollars, show-off to family/friends back in India, want and beg for GC/Citizenship, stood in line for year to GC or married citizen just to get GC, but ..."Bharat Mata ki Jai".:cool:
Oye ... kis nu ullu banna reha hain? Don't bite the hand that feeds you.
GCisLottery
12-15 10:28 AM
Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake.
Are you serious? did he/she really tell you blatantly it's fake?
If so, I would have asked to speak to the supervisor immediately. Ignorance can not be a reason to make a very wrong conclusion.
Are you serious? did he/she really tell you blatantly it's fake?
If so, I would have asked to speak to the supervisor immediately. Ignorance can not be a reason to make a very wrong conclusion.
more...
xbohdpukc
02-07 12:24 PM
This is not new, I was advised the same by my attorneys. I have heard "internet rumors" of people successfully filing EB-2 for job descriptions such as senior software engineer and senior systems analyst, which are normally classified as job zone 4. However, I was advised by two different law firms that this is not possible. According to both attorneys I consulted, you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5, so if you're in a senior position and supervising people (e.g., a manager or even a team lead), you may be able to obtain this classification.
- gs
A copy of an approved LC, which i have right in front of me proves otherwise :)
SOC/O*Net code 15-1031.0
Occupation Title Softwar Engineer applications
Skill Level Level IV
Remember that DOL has got nothing to do with the classification of LC, USCIS does.
- gs
A copy of an approved LC, which i have right in front of me proves otherwise :)
SOC/O*Net code 15-1031.0
Occupation Title Softwar Engineer applications
Skill Level Level IV
Remember that DOL has got nothing to do with the classification of LC, USCIS does.
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ps57002
09-23 01:11 PM
it's working now...the link
more...
ras
07-26 05:11 PM
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
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bkr
08-30 11:01 PM
GO to Trenton DMV (theoritically every DMV), they will give you a DL till 6/20/2008. Due to these delays in H1b Extensions, NJ DMV's extending the DL another 90 days expecting that will suffice
Thank you Pappu and Teachmeamerica07. Luckily my H1 got approved after responding to the RFE in the first week. Hoping to get the papers by next week.
Wish you all the best for those who are experiencing this problem.
Thank you Pappu and Teachmeamerica07. Luckily my H1 got approved after responding to the RFE in the first week. Hoping to get the papers by next week.
Wish you all the best for those who are experiencing this problem.
more...
IV2007
07-19 03:29 PM
140 & 485 filed concurrently on July 2nd.
Not cashed yet & no reciept. :)
-IV
Not cashed yet & no reciept. :)
-IV
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samcam
02-09 03:26 PM
Hi admin,
Can you please update the total contributions dollars in the 'contribute now' page? I think seeing the updated numbers, especially after you guys did an incredible job of signing a contract with the lobbying firm, might help some dormant (contribution wise) members.
Thanks.
samcam
Can you please update the total contributions dollars in the 'contribute now' page? I think seeing the updated numbers, especially after you guys did an incredible job of signing a contract with the lobbying firm, might help some dormant (contribution wise) members.
Thanks.
samcam
more...
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senthil
06-18 10:59 AM
WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.
To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now
IV memeber experts - should be on the way to throw more light / clarify
good luck
To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now
IV memeber experts - should be on the way to throw more light / clarify
good luck
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venky08
10-24 05:31 PM
no-it is something else....attitude of positive expectancy... ;)
often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D
Yep, It is luck nothing else...
often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D
Yep, It is luck nothing else...
more...
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k2006
08-18 02:37 PM
Hi,
My EAD renewal was filed in TSC in the middle of June. Now it is more than 2 months I haven't heard anything from them. I wonder do they request for FP during EAD renewal ? When I applied for EAD first time in 2007 there was no request for FP and the EAD was approved without FP. But I have seen several posts where folks mentioned that they have got FP notification after they filed their EAD renewal. I have done one FP beginning of 2008 as part of my AOS filed on July 2, 2007. So, I wonder do I receive another FP notification as part of my EAD renewal or USCIS can use my existing FP (they may have in their system) ?
Thanks
My EAD renewal was filed in TSC in the middle of June. Now it is more than 2 months I haven't heard anything from them. I wonder do they request for FP during EAD renewal ? When I applied for EAD first time in 2007 there was no request for FP and the EAD was approved without FP. But I have seen several posts where folks mentioned that they have got FP notification after they filed their EAD renewal. I have done one FP beginning of 2008 as part of my AOS filed on July 2, 2007. So, I wonder do I receive another FP notification as part of my EAD renewal or USCIS can use my existing FP (they may have in their system) ?
Thanks
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caydee
05-28 04:51 PM
I am amazed by the effect the writer has had on stuckinmuck. More amazing is the fact that the writer validates his own point by claiming that he is with HR. Wonder how many real HR professionals reveal their company secrets.
Hi,
........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Hi,
........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
more...
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vinodmp
02-12 04:10 AM
Which service center processed your I-140 ? For Eb2 cases, USCIS ( especially NSC) doesn't accept a combination of degree and experience. They require a single 4 year degree.
You should not completely give up on this. Get a good lawyer, a good education evaluator and try to save the case.
I140 was approved by NSC
You should not completely give up on this. Get a good lawyer, a good education evaluator and try to save the case.
I140 was approved by NSC
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newuser
08-13 08:47 PM
Found this article while digging the New Article Thread -2
http://www.businessweek.com/technology/content/apr2007/tc20070424_967747.htm
1.A new report finds that U.S. demand for IT professionals in 2006 reached levels not seen since before the dot-com bust
2.The U.S. technology industry added almost 150,000 jobs in 2006
3.Unemployment for engineers, computer programmers, software developers, and other IT professionals is at the lowest rate in years. Less than 3% of computer systems designers are out of work and less than 2% of engineers are sitting at home searching the classifieds, according to the AeA study
4.There would have been a lot more than 147,000 jobs created here, but our companies are having difficulty finding Americans with the background," says William Archey, president and chief executive of the AeA.
5.One culprit is the dearth of U.S. engineering and computer science college graduates. Second, immigration caps have made it difficult for highly skilled foreign-born employees to obtain work visas. Congress has been debating whether to increase the numbers of foreign skilled workers allowed into the country under the H-1B visa program
Also the following article talks about the taxes conrtibuted by the legal coummunity to New York.
http://www.urban.org/publications/900094.html
http://www.businessweek.com/technology/content/apr2007/tc20070424_967747.htm
1.A new report finds that U.S. demand for IT professionals in 2006 reached levels not seen since before the dot-com bust
2.The U.S. technology industry added almost 150,000 jobs in 2006
3.Unemployment for engineers, computer programmers, software developers, and other IT professionals is at the lowest rate in years. Less than 3% of computer systems designers are out of work and less than 2% of engineers are sitting at home searching the classifieds, according to the AeA study
4.There would have been a lot more than 147,000 jobs created here, but our companies are having difficulty finding Americans with the background," says William Archey, president and chief executive of the AeA.
5.One culprit is the dearth of U.S. engineering and computer science college graduates. Second, immigration caps have made it difficult for highly skilled foreign-born employees to obtain work visas. Congress has been debating whether to increase the numbers of foreign skilled workers allowed into the country under the H-1B visa program
Also the following article talks about the taxes conrtibuted by the legal coummunity to New York.
http://www.urban.org/publications/900094.html
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logiclife
02-01 02:06 PM
Can we get License renewed using EAD and not having H1?.
Driver's licenses are issued by state and governed by state laws and regulations. Check your state DMV and find out.
In about 12 states, even illegals can obtain driver's licenses. However, most states are tightening rules and need to see your I-94 to prove your legal presence.
EAD is for work authorization and doesnt prove legal presence. Legal presence is proved by I-94. Regardless of how you enter into USA, with H1 stamp or with AP, you will have an I-94.
In any case, check your DMV.
Driver's licenses are issued by state and governed by state laws and regulations. Check your state DMV and find out.
In about 12 states, even illegals can obtain driver's licenses. However, most states are tightening rules and need to see your I-94 to prove your legal presence.
EAD is for work authorization and doesnt prove legal presence. Legal presence is proved by I-94. Regardless of how you enter into USA, with H1 stamp or with AP, you will have an I-94.
In any case, check your DMV.
pappu
01-14 03:33 PM
pappu,
With limited information, it was the best I could do :)
What is your take on all these bills.. I am sure you have much more info. Do you see any hope of EB relief in 2009?
There is growing pessimism in EB community.
We have some rough plans for 2009.
We need to wait for some time to see how immigration bill becomes a priority. We anticipate some more placeholder bills that will make a statement. However in the end, there will have to be a bi-partisan effort and strong will to write a CIR. I feel economy will take priority initially but they will have to look at immigration sooner than later. Admin fixes is another possibility we see. While the EB2 India and China are now getting direct benefit from horizontal spillovers, in 2009 we need to meet again with the administration and make a good case about EB3 India, China and EB3ROW backlogs. The problem seems to be increasing due to limited visas per year. This is the reason dates have not been moving. Several Other small items for admin fixes are also in brainstorming stage. Like We want to address processing delays on all applications for all categories, do something to protect the rights of immigrants, etc.
We also want to involve more members who got their greencards or immigrants who are now citizens on IV. We want suggestions from members how we can do that and get their support for this cause.
I am sure with the new initiatives you will love Immigrationvoice more and want to come to IV everyday.
At your end, please try to spread the word about IV. We can be successful in all our initiatives only if we can get more participation. Thus we need to get more EB India, china and ROW members in the IV fold. This must be our top priority early this year before we launch our big campaigns.
We look to members reading this post to help us reach out to their friends and introduce IV to them. We have well meaning intentions for everyone in every category and country and want to help and bring relief. It is important that we come together on IV and make a united effort to end our common immigration problems.
With limited information, it was the best I could do :)
What is your take on all these bills.. I am sure you have much more info. Do you see any hope of EB relief in 2009?
There is growing pessimism in EB community.
We have some rough plans for 2009.
We need to wait for some time to see how immigration bill becomes a priority. We anticipate some more placeholder bills that will make a statement. However in the end, there will have to be a bi-partisan effort and strong will to write a CIR. I feel economy will take priority initially but they will have to look at immigration sooner than later. Admin fixes is another possibility we see. While the EB2 India and China are now getting direct benefit from horizontal spillovers, in 2009 we need to meet again with the administration and make a good case about EB3 India, China and EB3ROW backlogs. The problem seems to be increasing due to limited visas per year. This is the reason dates have not been moving. Several Other small items for admin fixes are also in brainstorming stage. Like We want to address processing delays on all applications for all categories, do something to protect the rights of immigrants, etc.
We also want to involve more members who got their greencards or immigrants who are now citizens on IV. We want suggestions from members how we can do that and get their support for this cause.
I am sure with the new initiatives you will love Immigrationvoice more and want to come to IV everyday.
At your end, please try to spread the word about IV. We can be successful in all our initiatives only if we can get more participation. Thus we need to get more EB India, china and ROW members in the IV fold. This must be our top priority early this year before we launch our big campaigns.
We look to members reading this post to help us reach out to their friends and introduce IV to them. We have well meaning intentions for everyone in every category and country and want to help and bring relief. It is important that we come together on IV and make a united effort to end our common immigration problems.
desi3933
06-18 03:25 PM
Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?
I-539 (Filing Fee $200). Application To Extend/Change Non-immigrant Status
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D
One can have more than 1 visas, but only one active status when physically present in the USA.
Exception: One may maintain H1/H4/L1/L2 status along with AOS Pending status.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
I-539 (Filing Fee $200). Application To Extend/Change Non-immigrant Status
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D
One can have more than 1 visas, but only one active status when physically present in the USA.
Exception: One may maintain H1/H4/L1/L2 status along with AOS Pending status.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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