guyfromsg
07-16 11:02 PM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.
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ramus
07-06 10:56 AM
PLease donot create new thread for this.. We alrady have thread for this.. There is already one thread on media .. Please put all posts there..
It is very hard for members to do work if we have so many threads on same topic.
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
It is very hard for members to do work if we have so many threads on same topic.
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
rajmehrotra
10-23 10:02 AM
The thread title "Please Read" can be improved to something pertaining to the issue in the thread.
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myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
more...
ImmInd
02-19 05:07 PM
FYI: Reg. EAD, AP and H1 usages and Extension possibilities:
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
ArkBird
06-24 12:27 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
more...
absaarkhan
06-02 04:08 PM
I am Confused Too -- Why Are People Sending DL and Passport Copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
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small2006
06-09 01:43 PM
Guys,
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
more...
rajuram
01-25 06:48 PM
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SunnySurya
07-28 02:52 PM
I am also confused now!
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
more...
suavesandeep
12-19 05:13 PM
I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.
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desi3933
02-18 10:03 AM
Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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austingc
09-01 10:21 AM
Thank you for your help in this regard. My attorney submitted
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
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same_old_guy
06-20 08:28 PM
I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.
more...
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quizzer
01-02 12:01 PM
New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
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gcinterview
09-01 04:53 PM
I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(
I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.
1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.
OR
2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....
lots of questions .... no answers... only silence....
I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.
1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.
OR
2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....
lots of questions .... no answers... only silence....
more...
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raysaikat
07-28 08:12 PM
--
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
You missed the point.
1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.
2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.
In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
You missed the point.
1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.
2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.
In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".
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va_dude
04-21 02:18 PM
Sad story indeed.
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
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akred
04-17 12:07 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
mihird
08-19 02:21 AM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
soma
01-15 10:07 AM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?
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