siddhu98
08-17 10:12 AM
EB2 India - PD June 2006
Currently on H1B and have I797 - I-94 until Oct 2010.
Visa Stamp Expired June 2006.
EAD approved for me and wife. My wife is using EAD.
---------------------------------------
Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.
Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.
Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.
Now, I am applying his passport renewal. My questions are,
1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
3. If we can validate the I94 here, what is the procedure?
Thank you for addressing our questions/concerns.
Currently on H1B and have I797 - I-94 until Oct 2010.
Visa Stamp Expired June 2006.
EAD approved for me and wife. My wife is using EAD.
---------------------------------------
Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.
Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.
Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.
Now, I am applying his passport renewal. My questions are,
1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
3. If we can validate the I94 here, what is the procedure?
Thank you for addressing our questions/concerns.
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immi_seeker
09-15 02:39 PM
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Considering the slow economy that spill over is reasonable.
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Considering the slow economy that spill over is reasonable.
prem_goel
05-29 03:12 PM
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.
I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.
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GCisLottery
10-23 05:05 PM
Thanks for the reply Amoljak,
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
I don't know the business of this, but it is just fraud and that's precisely why USCIS wants to get rid of it. It is a genuinely OK route for companies that can't hold onto people and has to substitute.
My assumption is they are "buying" those LCs and join those money making companies, stay there as long as they legally have to stay and get out.
Now some mod please close this thread.
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
I don't know the business of this, but it is just fraud and that's precisely why USCIS wants to get rid of it. It is a genuinely OK route for companies that can't hold onto people and has to substitute.
My assumption is they are "buying" those LCs and join those money making companies, stay there as long as they legally have to stay and get out.
Now some mod please close this thread.
more...
alterego
12-14 05:11 PM
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
That is utterly preposterous.
Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
That is utterly preposterous.
Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.
Michael chertoff
07-17 08:43 AM
Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.
I am sorry pappu.
MC
I am sorry pappu.
MC
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tikka
07-03 06:38 PM
http://digg.com/politics/Rep_Lofgren...Bulle tin/who (http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin/who)
It's showing up on the front page now as far as I can tell.
jazz
both stories are on top!!
we can also digg the comments
It's showing up on the front page now as far as I can tell.
jazz
both stories are on top!!
we can also digg the comments
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ghouse1742
03-31 11:18 AM
Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.
Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.
No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.
Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.
No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.
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viva
01-29 02:51 AM
pappu- i got the message. sorry, if i became overzealous. just wanted to help iv...
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
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Subst_labor
03-16 01:21 PM
Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)
Do verify this with a good lawyer.
yeah, i know this thing is dicey! thanks for your advice, need to look for another lawyer now..
Do verify this with a good lawyer.
yeah, i know this thing is dicey! thanks for your advice, need to look for another lawyer now..
more...
kalyan
07-21 04:12 PM
If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.
So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?
where are they freezing perm Apps. Mine was filed in march and got out in May '08. This was my first LC.
I am glad they cleared in 2 months. I know couple of guys who got out in 2 months for their LC.
There are lot of people who filed after Augst 2007 but not that many as influx when everything is made current.
So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?
where are they freezing perm Apps. Mine was filed in march and got out in May '08. This was my first LC.
I am glad they cleared in 2 months. I know couple of guys who got out in 2 months for their LC.
There are lot of people who filed after Augst 2007 but not that many as influx when everything is made current.
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mbawa2574
03-27 01:57 PM
widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.
...:d:d:d
...:d:d:d
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gc28262
06-16 03:15 PM
I guess we should ban people like dilipcr and senthil1 who are here to achieve their selfish ends.
Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.
dilipcr and senthil1,
We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.
Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.
dilipcr and senthil1,
We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.
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pmb76
04-02 06:03 PM
The BJP manifesto seems to be the most realistic taking into account the issues at hand and the ground realities. This is a true thrust towards ardent nationalism and free market reform where the congress and it's communist allies have constantly failed to achieve.
http://timesofindia.indiatimes.com/BJP-manifesto-to-offer-low-tax-low-interest-rate-regime/articleshow/4351540.cms
http://timesofindia.indiatimes.com/BJP-manifesto-to-offer-low-tax-low-interest-rate-regime/articleshow/4351540.cms
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gauravster
06-02 05:17 PM
Consultation for these purposes is free at some places. Check out
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York
I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.
Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York
I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.
Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html
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chanduv23
02-13 10:59 PM
you cannot sue for incompetence, or the courts would be full!
Yes, this is what IV core had told us before.
But members seem to be enthuiastic about having a case, so it may not hurt to consult an Attorney for legal opinion.
Yes, this is what IV core had told us before.
But members seem to be enthuiastic about having a case, so it may not hurt to consult an Attorney for legal opinion.
more...
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jsb
06-03 03:29 PM
Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."
Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?
On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."
Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?
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reachinus
07-30 04:04 PM
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
Thanks for your time in advance.
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
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moonrah
02-12 11:49 PM
not only monetary, emotional and mental loss, the hassle all have to go through during visa stamping everytime we go out of country (like recent PIMS delays causing troubles in jobs), something has to be done or we are going to be just barking dogs.
cps060
04-04 11:00 AM
Please let me know if anyone has done this before or you know what the procedure is.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
bestia
02-14 06:40 PM
Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
Dyana,
I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.
Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.
I also learned a lot on IV :)
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
Dyana,
I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.
Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.
I also learned a lot on IV :)
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