looivy
03-23 02:39 AM
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
Bump again
Bump again
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tabletpc
08-27 02:06 PM
Krishnam70,
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
akhilmahajan
05-14 11:34 AM
RD:- March 8th, 2007
As of 05/14/2007:- Pending.
Labor Jan, 2007.
As of 05/14/2007:- Pending.
Labor Jan, 2007.
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santb1975
04-10 06:02 PM
Together we can accomplish a lot
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natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
thamizhan
07-17 10:32 PM
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aadimanav
11-01 09:56 PM
If there are more than 61,000 with PD > 2006 then it will not help much.
Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05
Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05
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kaisersose
07-24 03:07 PM
ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.
Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.
If they say you have to start afresh, then you can consider packing your bags. Good luck!
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.
Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.
If they say you have to start afresh, then you can consider packing your bags. Good luck!
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lotta
07-21 08:41 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
The general consensus is that only using an EAD invalidates H1.
The general consensus is that only using an EAD invalidates H1.
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nixstor
09-17 02:09 PM
Paskal,
That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.
That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.
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GKBest
10-13 09:41 PM
All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.
Are you a July 2nd filer?
Are you a July 2nd filer?
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gcformeornot
12-31 01:23 PM
vote
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singhsa3
04-30 05:11 PM
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.
So far I have the following rational (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Facts
1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.
Assumptions
1. Each labor application uses in 2.2 visas.
2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
3. Total BEC visas requirements 180,000*2.2= 396,000
4. NIW applications are negligible.
5. Retrogressed countries account for 50% of visas used.
Calculations
Scenario 1: Visa processing time is Zero
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521
Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.
What it means:
BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.
Conclusion:
Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
Last update:
Time 11.32 AM ET , 05/01/08.
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.
So far I have the following rational (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Facts
1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.
Assumptions
1. Each labor application uses in 2.2 visas.
2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
3. Total BEC visas requirements 180,000*2.2= 396,000
4. NIW applications are negligible.
5. Retrogressed countries account for 50% of visas used.
Calculations
Scenario 1: Visa processing time is Zero
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521
Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.
What it means:
BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.
Conclusion:
Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
Last update:
Time 11.32 AM ET , 05/01/08.
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wandmaker
08-10 11:38 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
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kumar1
12-26 12:48 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
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SpookyH1Alien
12-08 06:10 PM
Hi Praveen
I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.
My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case
Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.
I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.
My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case
Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.
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map_boiler
06-27 02:57 PM
My OPT EAD A# and I-140 A# are different.
When filling the forms, use the A# number from your I-140, if available. If not, fill with "None". Do not leave it blank. When my attorney filed my I-140 papers, they filled "None" for A#. Later after I-140 approval when they filed for my H1B renewal, they used the A#.
From what I know, in case you don't have an approved I-140 and hence an A#, you will be assigned one with the I-485 receipt. Therefore, in my opinion, you should NOT use your OPT EAD A# for the I-485 and related forms.
--------------------------------
PD: Feb 2006, EB2, India
I-140 AD: June 2006
Filing I-485, I-765, etc: July 2007
When filling the forms, use the A# number from your I-140, if available. If not, fill with "None". Do not leave it blank. When my attorney filed my I-140 papers, they filled "None" for A#. Later after I-140 approval when they filed for my H1B renewal, they used the A#.
From what I know, in case you don't have an approved I-140 and hence an A#, you will be assigned one with the I-485 receipt. Therefore, in my opinion, you should NOT use your OPT EAD A# for the I-485 and related forms.
--------------------------------
PD: Feb 2006, EB2, India
I-140 AD: June 2006
Filing I-485, I-765, etc: July 2007
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man-woman-and-gc
03-10 10:48 AM
. I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document
Thankks for responding. Atleast now I know that my application is alive at USCIS.
Thankks for responding. Atleast now I know that my application is alive at USCIS.
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vfwlkr
04-08 03:16 PM
PD: July 01 EB3 India
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
hopelessGC
05-04 02:18 PM
AR11 is legal requirement. And that is the first step.
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
Ok, so basically I need to call customer service and have them update address for all pending cases?
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
Ok, so basically I need to call customer service and have them update address for all pending cases?
mmanurker
08-06 11:29 AM
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
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