willwin
06-09 01:20 PM
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
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nomorelogins
11-21 11:51 AM
please close this thread.
logiclife
02-01 06:40 PM
It doesnt matter who the President is, on issues of legal skilled immigration.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
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Laasya05
01-22 05:10 PM
No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.
so can we file LC perm with an employer while on H4 and move to H1 little bit later?
----------------------------
Contribute $320
signed up for monthly contribution $20
PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file
Spouse on H4.
so can we file LC perm with an employer while on H4 and move to H1 little bit later?
----------------------------
Contribute $320
signed up for monthly contribution $20
PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file
Spouse on H4.
more...
satishbsk
07-08 05:38 PM
They took 20 k tilll last month and no match.
____________________
contributed $260 so far
____________________
contributed $260 so far
Maon
07-02 02:18 PM
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
Pls advice,
Thanks,
more...
waiting4gc02
03-06 01:41 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
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senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
more...
razis123
12-27 11:37 AM
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.
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liche
04-20 06:23 PM
USCIS said you should receive receipt dated no later than June 2
you can check their official press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=183f301458e49110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
you can check their official press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=183f301458e49110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
more...
arnet
10-26 02:34 PM
Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
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a1b2c3
07-10 05:17 PM
my PD is still not current :p
Just kidding..glad to see the dates move fwd.
Just kidding..glad to see the dates move fwd.
more...
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felix31
06-05 10:15 AM
My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
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abhay
10-30 09:14 AM
Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.
more...
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maddipati1
01-13 01:31 AM
see below next to ur Qs.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
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Canadian_Dream
04-03 11:00 AM
1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
more...
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redgreen
09-25 04:52 PM
There are diversity lottery, asylum, etc, options also for gc.
However, the main points of getting us citizenship is described clearly in it.
However, the main points of getting us citizenship is described clearly in it.
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averagedesi
08-29 09:14 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
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RDB
08-16 05:12 PM
Yes, this is part of the pre-adjudication process. No need to take an Attorney if your case is straight forward - but it really depends on you!
Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.
Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).
We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.
Hope this helps.
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.
Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).
We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.
Hope this helps.
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
pappu
12-10 02:03 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
desi3933
06-30 01:56 PM
....
I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr./Ms. P. Saxena -
Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.
USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
Hopefully this clears your confusion,
Have a good day!
desi3933
I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr./Ms. P. Saxena -
Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.
USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
Hopefully this clears your confusion,
Have a good day!
desi3933
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