gcsucks
06-01 02:28 PM
But I dont think this allows for filing for 485 without visa numbers for people with no Masters/PHD from US ?I am not sure but the SKIL bill may be one such initiative. Check out
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
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reddyram
07-18 12:46 PM
First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.
anu_t
06-17 05:27 PM
There are some people who would be Happy , worry free even if their Dates are not current. Even they are patiently waiting for their turn since 2003.
And then I see this kind of questions. Makes me just frustrated. :mad:
And then I see this kind of questions. Makes me just frustrated. :mad:
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immigrationvoice1
02-27 01:08 PM
Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.
more...
gchopes
08-04 09:41 AM
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
ineedhelp
07-22 11:45 AM
Hi All,
Thank you for your overwhelming response. I did spoke to an attorney and rightfully got sucked out with $$ but it gave me some peace of mind for sure.
1. His recommendation was that the maximum penalty in my case would be 10,000 $ + 2 months notice as given i my policy. Apart from this wipro cannot claim any more and again this could be challenged if asked for in USA but would work in wipro's favor if it is claimed in India.
2. But he did mentioned that many of other clauses could be challenged.
3. He also cautioned me that Wipro cannot be bounded to give my Experience letter :(
Bottom line is i'm ready to pay 10,000$ + remaining 4 weeks notice and get a clean exit. Yes some of you might argue otherwise but i thought from my personal perspective this is right decision as i have plans to get my GC processed.
@JRG, hope this helps u.
@reddyram,LONGGCQUE, gc28262, pagal, crazymonk ... I'm greatful to each one of you. @LONGGCQUE your specifc response was most helpful to me as it ideally match with my situation without any disrespect to others as each one of your suggestions have made to stand up against Wipro!!
Thanks Again.
ineedhelp (may be in future i will help as well!!! Time to change my user id :)
Thank you for your overwhelming response. I did spoke to an attorney and rightfully got sucked out with $$ but it gave me some peace of mind for sure.
1. His recommendation was that the maximum penalty in my case would be 10,000 $ + 2 months notice as given i my policy. Apart from this wipro cannot claim any more and again this could be challenged if asked for in USA but would work in wipro's favor if it is claimed in India.
2. But he did mentioned that many of other clauses could be challenged.
3. He also cautioned me that Wipro cannot be bounded to give my Experience letter :(
Bottom line is i'm ready to pay 10,000$ + remaining 4 weeks notice and get a clean exit. Yes some of you might argue otherwise but i thought from my personal perspective this is right decision as i have plans to get my GC processed.
@JRG, hope this helps u.
@reddyram,LONGGCQUE, gc28262, pagal, crazymonk ... I'm greatful to each one of you. @LONGGCQUE your specifc response was most helpful to me as it ideally match with my situation without any disrespect to others as each one of your suggestions have made to stand up against Wipro!!
Thanks Again.
ineedhelp (may be in future i will help as well!!! Time to change my user id :)
more...
pitha
01-31 12:47 PM
How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
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ab_tak_chappan
08-13 12:51 AM
looks like vldrao got his GC and took a hike ;)
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sravani
05-15 12:50 PM
Is there already a poll like this for EB3?
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
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senthil1
07-12 12:01 AM
Various conspiracy theories are
1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.
2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that
3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB
There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)
1. Whether DOS or USCIS violated law in issuing revised VB.
2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?
If this is true it's really horrible and scary that this gov. agency is handling our applications.
1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.
2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that
3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB
There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)
1. Whether DOS or USCIS violated law in issuing revised VB.
2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?
If this is true it's really horrible and scary that this gov. agency is handling our applications.
more...
pnjbindia
07-20 12:08 AM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
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plassey
08-13 10:48 AM
Congratulations but I was wondering if you are more an exception then a rule...:confused:
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
more...
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phillyag
07-20 02:17 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
I believe one can travel on AP. For current employer EAD is only needed when I do not have H1 status.
If i am correct.
Yes, I believe you can apply for EAD yourself
I believe one can travel on AP. For current employer EAD is only needed when I do not have H1 status.
If i am correct.
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funny
09-16 12:31 PM
Everything else can wait till tomorrow....All the "Help needed..." Threads and "HOW USCIS Sucks..." "Please Help.." threads can wait till tomorrow....Only thing that matters today is YOUR phone Call...
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onemorecame
07-25 11:45 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
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meridiani.planum
10-13 02:26 PM
Almost everyone knows USCIS rule that EAD can be applied 120 days in advance before previous EAD expires and normal processing time for EAD is 90 days.
With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.
You are one of the few people who did not apply EAD in time and trying to draw attention.
yeah for EAD they should clarify that if its pending >90 days, then we should walk into local office and walk out with interim EAD. afterall USCIS's own guidelines require them to approve within 90 days.
AP is a bigger problem I think. Processing times are running into 5 months and we can apply only upto 4 months in advance. meaning there is a very high likelyhood of ending up in a monthwhere you dont have an AP. If you need to travel in that time, you are screwed.
With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.
You are one of the few people who did not apply EAD in time and trying to draw attention.
yeah for EAD they should clarify that if its pending >90 days, then we should walk into local office and walk out with interim EAD. afterall USCIS's own guidelines require them to approve within 90 days.
AP is a bigger problem I think. Processing times are running into 5 months and we can apply only upto 4 months in advance. meaning there is a very high likelyhood of ending up in a monthwhere you dont have an AP. If you need to travel in that time, you are screwed.
more...
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gova123
08-27 02:08 PM
When did this change? I got it renewed from Washington DC a year back
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
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kpchal2
03-03 07:42 AM
Hello forum gurus
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
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hopefulgc
05-12 11:10 PM
newuser,
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
SFSweta
08-22 03:26 PM
Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
chantu
06-15 09:26 AM
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
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