Anne Hathaway Catwoman

Doesn't matter.


What do you mean it doesnt matter??

PD and country of date are the FIRST & FOREMOST things that matter when it comes to getting ur GC. Just coz his friend got his doesnt mean anything. The friend could be from a different country or having a MUCH older PD.

Could you update your profile?

My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

You would agree that the majority of the July gold rush comes from two sources:

1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.

Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

1. Join the new company (the client of your current company)

2. Have them file labor certification.

3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

That is all it takes. This is a standard process.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

Hope this clears your hold up.

PM me if you need further clarification.

Good luck on your new job.

-Raj:)

hello ..EVERYBODY..need help..

this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.

Hi Shweta,

We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.

Best regards,


IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??

ADVICE ??

/\/\/\

I wrote an E-mail to ACLU about the plight of Green Card applicants like a month back. I haven't received any replies (yet).

ACLU is a leftist organization. It cares only for the proletariat, and not for the 'elite' earning decent wages. We are all 'fatcat capitalists' who can defend themselves, as per ACLU/leftist thinking.

As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)

Yes, 2007 will be the best chance we would have. After that its all political stunt as we saw this year before elections.

I sincerely hope I am wrong in this assumption.

nviren

Any person who can understand the dynamics of US career will never question about tour india trip, as long as
1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
2.appropriate supporting documentation from the employer

Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation

Bkarnik,

I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

ujjvalkoul, satyasaich,

About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?

I hope you meant people who filed for GC. I do not think IV has much in terms of goals to alleviate the issue with H-1

I asked 6 other H1B ppl today to register to this site.

Below are the contents from that pdf document....does it means they will issue interim EAD after 90days??????.

Interim Employment Authorization Document

USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.

Field Offices

Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.

� CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling
the 90-day adjudicative requirement o Form I-765 remains
unadjudicated
o Biometrics have been captured�if not, refer to ASC
� Contact NBC or Service Center to initiate EAD production�either Interim
or Non-Interim
� Provide Notice to applicant acknowledging status inquiry.


Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)

Congrats!!

The selective coloration of this one works well, IMHO.

Sent an email to 20 of my friends @ work to that and following up with them.

Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.

I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

Thank you guys for your attention and thanks IV for the good work done so far.
:)

What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

Senior pl give advice.

O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

Now real question should be "Should I use EAD or Should I be on H1/H4?"

If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.

Dear Attorney,
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.

Because of some reasons he had leave the employer "X" and Join Employer "Y".

Employer Y, willing to start green card process.

Can my brother use prior Priority Date?

Please advice. I Appreciate your help.

My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
He has a sister here - and me and other family members:

He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

He is currently in jail on $25,000 bail:
He appears in court on wednesday - we will ask for a bail reduction:
Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

My questions are:

would he be depostable or would he face any involvement regarding immigration?

If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

Your advice would be greatly appreciated

So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.

Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.

She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



I do not think that this statement is correct since the lady (presumably) never had her own H1-B.