fromnaija
07-18 06:54 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
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desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
ita
01-26 12:10 AM
http://immigrationvoice.org/forum/showthread.php?t=23042
Thank you.
Thank you.
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coolngood4u80
01-25 08:38 PM
Is this only for phds or for master graduates too?
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seahawks
06-27 01:18 AM
yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.
simple1
10-06 03:57 PM
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
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srini1976
01-10 07:50 PM
I heard yes. 20 employees were laid off on 13th Jan
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kramac01
08-13 06:18 PM
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.
How to check the LUDs in USCIS website?
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.
How to check the LUDs in USCIS website?
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sheela
09-23 11:18 AM
Anybody having experience with USCIS Ombudsman office. How urgent the cases are taken and how soon they are resolved? Does assistance help?
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Berkeleybee
09-01 08:39 PM
Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.
It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)
He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.
Google the guy, you'll see his rage all over the web.
These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.
best,
Berkeleybee
It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)
He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.
Google the guy, you'll see his rage all over the web.
These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.
best,
Berkeleybee
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murali77
07-16 02:03 PM
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
How can you say that ? Please explain
Murali
How can you say that ? Please explain
Murali
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04-28 12:32 PM
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imneedy
02-04 01:33 PM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
AP should be enough.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
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02-22 10:24 PM
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sku
01-16 03:29 PM
The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
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anandrajesh
05-04 01:59 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
more...
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inspectorfox
07-22 09:01 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
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logiclife
05-14 04:41 PM
Message from the core group :
Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.
The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.
Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.
The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.
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ivgclive
04-21 01:31 PM
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
romeshtrisal
10-19 11:06 AM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
Rockford
07-17 02:29 PM
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
I have seen some credible comments in the past. You are right , Greg is looking to IV for updates on this , so I would not expect any authoritative news from him either. This comment seemed more real in the light of new AILA comments.
BTW , I like your signature :)
Thanks, but keep moving.
I have seen some credible comments in the past. You are right , Greg is looking to IV for updates on this , so I would not expect any authoritative news from him either. This comment seemed more real in the light of new AILA comments.
BTW , I like your signature :)
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