voldemar
06-20 06:06 PM
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Or should i wait till I-485 approval is received and then file EAD & AP.
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
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sushilup
07-11 12:49 PM
issue one year EAD and milk more money
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
missourian
07-16 05:19 PM
Why they are misrepresenting senators, we are not paying TAX!! ?, is that possible for IV to take action about it by counter emailing?.
Original Poster, Even in IV we have webfaxes, I used to send around 100 faxes to all the senators for all 50 states, so IV has that facility, Kuddos to you by lending a helping hand on programming part if required.
Original Poster, Even in IV we have webfaxes, I used to send around 100 faxes to all the senators for all 50 states, so IV has that facility, Kuddos to you by lending a helping hand on programming part if required.
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uma001
03-09 09:44 PM
HAHAAHA, Yu guys are still dreaming. No more egreen cards for H1Bs doesnt matter what stage you are in. You will get queries like 'when there are so many americans without jobs, why do you need immigrants?' can any company wants to respond to this query?
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
more...
h1techSlave
02-08 02:44 PM
sts_seeker, We are perfectly happy to wait "before everyone who filed earlier." If you as a Nepali had a PD in 2001 and my PD is in 2002, I have no problems in you getting your GC before me. In this situation, you have filed before me, so it is fair that you should get your GC before me.
But today with the Country quota in place, your PD could be in 2007 and my PD could be in 2002. Guess, who would GC first?
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
But today with the Country quota in place, your PD could be in 2007 and my PD could be in 2002. Guess, who would GC first?
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
abracadabra102
09-05 02:27 PM
deleted.. duplicate post
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sodh
07-24 01:35 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
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delhikadesi
11-11 01:16 AM
You will cure a lot of ppl, atleast I burst in laughter..
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
more...
delhirocks
07-01 10:00 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
What is the alternative?
We all resign to our fate�or try to do whatever little we can
What is the alternative?
We all resign to our fate�or try to do whatever little we can
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eeezzz
02-15 03:08 PM
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
more...
Jerrome
07-13 08:30 AM
Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.
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pbojja
12-10 11:45 AM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
more...
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123Wait
12-22 11:06 AM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
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ncrtpMay2004
11-11 09:33 AM
Anything possible in the lame duck session.
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alterego
09-17 10:37 PM
This is no doubt a bad time for the US economy. However the world is not going to collapse. We will nearly certainly see a recession. Outside chance of a depression. The credit markets are frozen, confidence has been shaken, housing is searching for a bottom, unemployment has ticked up a percentage point so far, and the stock market is down about 20%.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
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wait4ever
09-26 10:16 AM
Enough Said - correction required.
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neelu
12-11 05:09 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
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immigrant2007
09-10 02:06 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
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pappu
01-15 11:26 PM
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
soumeeram
03-09 12:16 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
pkak
07-13 11:45 AM
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
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