anda007
07-11 12:18 PM
I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
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rvenkat1976
04-13 12:18 AM
Thanks for all your answers.
Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.
He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.
Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.
Thanks
Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.
He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.
Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.
Thanks
same_old_guy
07-05 04:32 PM
You should be ashamed to use LC subs and bragging about it here. People like you are making the whole things worse. When you get your I-140 rejected you can start nagging about how unfair the system is !!
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sankar_203
09-25 02:40 PM
In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.
In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
more...
pointlesswait
09-26 12:42 PM
i dont think changing lawyers will prevnt USCIS from auditing/reviewing your case... but will your lawyer release all the required documents to your new lawyer.???
anyway best of luck!
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
anyway best of luck!
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
lccleared
04-15 10:14 AM
We had the same situation and ones got rejected.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
more...
gc_check
07-09 07:12 AM
Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....
http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0
Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..
http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0
Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..
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dhirajgrover
10-16 12:26 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
more...
Mount Soche
12-07 09:03 AM
Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
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glus
02-15 09:17 AM
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
more...
chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
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chintu25
07-12 12:21 PM
Here is an email address for emailing letters to USCIS. Please send only approved formats from IV
usvisa@state.gov
Thanks
Chintu25
:D
usvisa@state.gov
Thanks
Chintu25
:D
more...
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jthomas
03-27 09:45 PM
May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.
________________
Not a legal advice.
from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
The bad part, the candidate has to wait because he was in H1B for a long time.
________________
Not a legal advice.
from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
The bad part, the candidate has to wait because he was in H1B for a long time.
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gconmymind
08-29 12:33 PM
My wife's H1 was applied by her Indian company's US office in March 07 and got approved in July 07. She was in India at that time. We got married in July and she came to the US on H4 in Dec 07. Then, she went to Kolkata in Mar 08 (we are from Mumbai region) to get her H1B stamped and got the stamp and started working in Apr 08.
So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.
You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.
So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.
You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.
more...
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ramus
06-19 08:18 PM
Best way to do is to get it from AAA. If you are AAA member then you will 8 photos free and you can add your spouse for very minimum.
I got 16 photos for $14. They know exact specs of photos that we need.
I got 16 photos for $14. They know exact specs of photos that we need.
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MerciesOfInjustices
09-30 12:15 AM
link is broken
Here is the complete article, I think -
The Element of Surprise
To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
Web exclusive
By Andrew Murr
Newsweek
Updated: 1:00 p.m. MT Sept 28, 2007
Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.
Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.
Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.
The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.
Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.
� 2007 Newsweek, Inc.
Here is the complete article, I think -
The Element of Surprise
To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
Web exclusive
By Andrew Murr
Newsweek
Updated: 1:00 p.m. MT Sept 28, 2007
Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.
Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.
Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.
The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.
Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.
� 2007 Newsweek, Inc.
more...
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priya9178
01-10 11:04 AM
Thanks Y'all for the inputs !
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
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Earned_GC
02-10 09:19 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
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BharatPremi
12-21 07:59 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
cygent
07-02 03:00 PM
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
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