franklin
08-22 03:09 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).
I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.
Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...
Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.
So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.
I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.
And that is why I'm here, telling everyone to stand up and go to DC.
Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)
Does anyone know what the legislation is?
It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).
I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.
Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...
Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.
So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.
I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.
And that is why I'm here, telling everyone to stand up and go to DC.
Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)
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gk_2000
04-19 02:21 PM
Democrats are PLAIN DISGUSTING! <RETCH>!!!
chanduv23
02-23 02:09 PM
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
As far as I know, if you filed for 485 and crossed 180 days after that with the same employer - it basically means that you have satisfied AC21 minimum requirement and you must look for a new job under same or similar category. If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
As far as I know, if you filed for 485 and crossed 180 days after that with the same employer - it basically means that you have satisfied AC21 minimum requirement and you must look for a new job under same or similar category. If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.
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technoboy
07-20 11:13 AM
Is there any thing to do with I-140approved/pending with I-485/ead/ap processing?
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msreddy_c
08-20 05:43 PM
sent to 2 representatives in TX
go_guy123
04-20 08:07 PM
But, more seriously thinking, isn't Mexico also one of the backlogged EB countries? I doubt they will mind having a provision for us while they do their campaign. Perhaps we really ought to join hands with them so our objects can get more widespread support .. just an idea
Mexico is lobbying for all out amnesty. Their backlog is far lesser .
Mexico is lobbying for all out amnesty. Their backlog is far lesser .
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pappu
01-14 02:58 PM
Here are a **few equations that make it easier to understand. :) :)
VB = W + A + H + O <--- 2008 Dem vote bank.
(W: Whites, A: African American, H: Hispanics, O: Others. )
VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)
VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )
Based on this - Dems can't afford to be seen as Pro-legal.
** These equations are described as "Great breakthrough in computational politics" - by rb_248. :) :)
I ran these through my program but it is returning NULL.
I guess each object needs to have a voting property or Lobby class attached to it. Without that you will only get Null values in return.
VB = W + A + H + O <--- 2008 Dem vote bank.
(W: Whites, A: African American, H: Hispanics, O: Others. )
VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)
VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )
Based on this - Dems can't afford to be seen as Pro-legal.
** These equations are described as "Great breakthrough in computational politics" - by rb_248. :) :)
I ran these through my program but it is returning NULL.
I guess each object needs to have a voting property or Lobby class attached to it. Without that you will only get Null values in return.
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pcs
04-16 09:42 AM
Guys... Contribute. What are you waiting for
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srinivas_o
07-08 05:51 PM
I do have a copy of I-140 approval notice and also I do have a copy of the labor petition, but do not have the job code.
Attorney said that they have represented Employer also along with the employee and hence they need an authorization from Employer in order to answer any questions or to do any thing with my pending I-485.
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
Attorney said that they have represented Employer also along with the employee and hence they need an authorization from Employer in order to answer any questions or to do any thing with my pending I-485.
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
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Jaime
10-05 12:45 PM
Dear Sir/Madam:
Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�
This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.
Sincerely:
Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�
This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.
Sincerely:
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stupendousman11
08-04 10:29 AM
Have printed out the petition. Will be sending out to 2 Senators and all 13 Representatives in North Carolina.
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sayantan76
07-02 09:38 AM
last time i posted this idea everyone ridiculed.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.
However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.
However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
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mhathi
10-05 03:22 PM
"AMPLIFICATION: The above Washington Wire item on the letter from House Republicans to Speaker Pelosi urging passage of an immigration bill to "help and retain" high-skilled workers refers to legislation that would increase the number of H-1B visas and green cards for high-tech and other skilled workers. The question in the WSJ poll referred to a separate effort, pushed by President Bush, to revamp the immigration system and provide a path to citizenship for those in the U.S. illegally. The item wasn't intended to imply high-skilled workers are illegal immigrants"
They just updated with the above correction....:cool:
Awesome Job, Guys! We did it again...
They just updated with the above correction....:cool:
Awesome Job, Guys! We did it again...
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paragpujara
06-28 12:09 PM
Starting July 2, USCIS will no longer allow petitioners to file their I-140's under the premium processing program.* This is expected to be a temporary measure; starting August 1 petitioners will be allowed to file their*I-140 cases under the premium processing program.
*
The USCIS' press release can be accessed here: http://www.aila.org/content/default.aspx?docid=22772
*
The USCIS' press release can be accessed here: http://www.aila.org/content/default.aspx?docid=22772
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funny
10-03 02:19 PM
even if IOs dont know and even if they reject it, we can at least enforce it through MTR, courts etc if they ever walk into this grey area and actually decide to deny the case based on non-intent to undertake permanent employment... right?
this is great...
so does this Q8 and the response mean that the intent of continuing with full time employment applies at the time of applying for I-140 and not at the time of adjudication?????? if that is the case, it will be GREAT!!!! hip hip hurray.. then i really dont need a green card... in a way at least...
Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D
this is great...
so does this Q8 and the response mean that the intent of continuing with full time employment applies at the time of applying for I-140 and not at the time of adjudication?????? if that is the case, it will be GREAT!!!! hip hip hurray.. then i really dont need a green card... in a way at least...
Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D
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sandeep_1
08-15 01:58 PM
My EAD-renewal is also delayed and had an Infopass appointment in local USCIS office today. During the meeting, I specifically asked, in the event if EAD renewal is not approved before the expiration of current one, can I still continue to work? The answer was - "You can continue to work as long as your employer agrees to it". hmmm. Then I asked, would it jeopardise my status or 485 process in any shape or form. The answer was - "No (it will not effect my status)". Although, he did mentioned that interim EAD is not allowed anymore. He even said that, they actually took the machine and equipments required to produce EAD card for local office.
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desi3933
06-18 03:06 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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bkam
05-11 12:09 PM
...So everythings gonna be OK. Lets go party. Just leave money for the plane tickets.
Guys, why don't we open a page "Bets" ? There we can place bets if a bill will pass, if our ammendments will be included, if something at all will happen... This will make our life more interesting and we will be in a better mood. To wait for another 5-6 years for the GC :-)
Long Live USCIS "Las Vegas" establishment :-)
Guys, why don't we open a page "Bets" ? There we can place bets if a bill will pass, if our ammendments will be included, if something at all will happen... This will make our life more interesting and we will be in a better mood. To wait for another 5-6 years for the GC :-)
Long Live USCIS "Las Vegas" establishment :-)
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pmpforgc
07-15 10:34 PM
Can some of experienced guyes answer my question about the DISABILITY INSURANCE.
Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.
DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.
DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.
DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.
DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
krishmunn
05-10 09:22 AM
Try to respect people who are trying to 'buy' an MS degree for the purpose of greencard ? Instead of feeling sorry for their situation, you should feel sorry for the legit EB2 applicant who these guys screw up by taking this backdoor approach.
If your argument is that after holding a US Masters , OP will not be a legit EB2 applicant, even you are not legit. Go get some education
If your argument is that after holding a US Masters , OP will not be a legit EB2 applicant, even you are not legit. Go get some education
july_22
01-17 06:47 PM
You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
I'm on the same boat and I scheduled an INFOPASS apt and she asked me about biometrics for my I765 and I showed the receipt which I have done for my I485. She immediately responded saying is was for I485 and you need to do one for I765 and then your EAD card will be approved. My bio is scheduled for 01/26.
My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
I'm on the same boat and I scheduled an INFOPASS apt and she asked me about biometrics for my I765 and I showed the receipt which I have done for my I485. She immediately responded saying is was for I485 and you need to do one for I765 and then your EAD card will be approved. My bio is scheduled for 01/26.
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