Tuesday, June 7, 2011

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  • veni001
    06-17 03:45 PM
    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.



    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...





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  • mnkaushik
    02-06 02:22 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik





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  • pappu
    07-19 02:08 AM
    Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.





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  • looneytunezez
    05-19 01:51 PM
    bump ^^^^



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  • lost
    01-27 02:01 PM
    congratulations!





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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....



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  • gc_on_demand
    05-14 11:27 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?

    Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.

    CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.

    For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.

    For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.


    Now you dont have even option to get EAD so I would say stick with CP.





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  • royus77
    06-25 11:27 AM
    My company pays fixed amount 3500 ( for with 2 year agreement clause ) for the GC process and the same got exhuasted by the time i got my I 140 ( Expensive attorney) . For 485 i am paying from my pocket.



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  • Sunx_2004
    11-21 12:37 AM
    Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)

    Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
    ..........
    .........

    This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
    In short, EB3 is doomed....





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  • imm_pro
    05-15 11:15 PM
    This is awsome..also on the newsdesk..:):):):):)

    Feinstein, Lofgren use Iraq spending bill to push for guest-worker program


    05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.

    Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.

    Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.

    "It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."

    Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.

    Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.

    The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.

    Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.

    "Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."

    The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.

    Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.

    United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."

    Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."

    On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.

    Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.

    "Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."

    Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.

    "What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."

    Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.

    "This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."

    E-mail Carolyn Lochhead at clochhead@sfchronicle.com



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  • alahiri
    03-27 10:48 PM
    With President himself lending support for immigration related reforms this is probably the best chance we will ever have to put the plights of legal immigrants waiting for a Greeen Card before the senate and the President. Is there any plan to pursue this with the Senate. I would like to request the Immigrationvoice esteemed members to please put some thought into this (if not allready considered) :


    Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.

    Thanks
    AL





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  • 485Mbe4001
    02-10 05:11 PM
    how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..

    USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.

    Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.

    Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.

    http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs



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  • sarasuva
    01-30 12:57 AM
    Any advise/guidance on this issue guys?





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  • vparam
    10-05 10:25 AM
    Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.

    She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?

    So, here's the timeline:

    June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
    Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
    Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
    Apr, 2007 - Both me and my wife got our EAD and AP approved
    July, 2007 - I got my 140 approved

    Currently - waiting on our I-485

    Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?

    Thanks a lot.
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...



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  • starving_dog
    09-02 02:01 AM
    I'm glad to hear that you are well. Have a great Labor Day weekend.





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  • bkn96
    11-25 12:25 PM
    hi kprgroup,
    congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.

    I left PM to you.



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  • martinvisalaw
    07-16 06:06 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.

    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.





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  • imh1b
    12-06 08:25 AM
    What are chances of Dream Act?
    What are the chances of including our provisions in the bill?

    What happens if the bill passes without our provisions?
    What happens if the bill fails?

    WHAT ARE OUR CHANCES IN 2011?

    Null, zero, Nada, Zilch

    Just google Dream act. and then google Recapture visas. You will have your answer.





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  • pune_guy
    06-06 01:11 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    485 receipt is proof of AOS

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.

    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?





    nviren
    04-19 02:26 PM
    I don't have the experience.

    But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.

    But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.

    In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.

    BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.

    Thanks,





    Anil_s
    07-02 06:48 AM
    Hi Ari,

    Thank you for the information.

    How Will it affect my H1-B process

    Anil



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