tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
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mheggade
07-20 01:13 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
bablata2007
11-27 03:18 PM
My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?
Pls help.
Thanks.
Pls help.
Thanks.
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us_gc_aspirant
09-26 02:04 AM
I was on L1 since Dec 2001 and left in Aug 2005. Came back on H1 in March 2006; H1 was approved only till Dec 2007 ( 6 yrs from 2001). I did not get a fresh 6 yrs., when I moved from L1 to H1. I believe this is the same case with H4.
The reason why I am asking is that I saw a Immi. Attorney reply in one of the Silicon valley magazines that L1 is not counted against H1 6 yrs. clock. From my H1 approval I find this to be incorrect interpretation.
Can anyone share their experience on this.
Thanks very much.
The reason why I am asking is that I saw a Immi. Attorney reply in one of the Silicon valley magazines that L1 is not counted against H1 6 yrs. clock. From my H1 approval I find this to be incorrect interpretation.
Can anyone share their experience on this.
Thanks very much.
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engineer
07-08 08:46 PM
I will send this news to my company's Asian Pacific Forum.
We have 6000 plus members and we hope ge gets help.
We have 6000 plus members and we hope ge gets help.
somegchuh
10-30 05:17 PM
[Apologies for the cross-post]
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
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glus
08-03 11:07 PM
go to: http://www.uscis.gov/pressroom
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
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gc_on_demand
04-07 07:22 AM
Any IV member got so far ?
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mariner5555
05-15 04:53 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
my understanding of the US system is this ..a law passes in 2 scenarios ..one is if there is a great need due to urgent issues (example homeland security etc) and the second one is lobbying ..which takes place behind the scenes
(for e.g. nurse lobbyists, university lobbyists - increase of student OPT, oil companies, home builders, tech lobbyists etc etc)
earlier tech lobby was responsible for passage of most immi bills ..but nowadays they have more flexibility and hence they maynot be supporting much in terms of money. (because they simply outsource or they use company to company transfers).
so the only hope is for a new group of lobbyists to come in the picture and the only one that I can think of is the realtors / home builders etc. (for our benefit)
ofcourse the problem for us is that homebuilders / realtors are lobbying for passage of tax credits for new buyers etc (and hence you can see the speed at which housing bill is cruising) ..now if someone were to make a link between immi and housing ..then who knows something could happen
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
my understanding of the US system is this ..a law passes in 2 scenarios ..one is if there is a great need due to urgent issues (example homeland security etc) and the second one is lobbying ..which takes place behind the scenes
(for e.g. nurse lobbyists, university lobbyists - increase of student OPT, oil companies, home builders, tech lobbyists etc etc)
earlier tech lobby was responsible for passage of most immi bills ..but nowadays they have more flexibility and hence they maynot be supporting much in terms of money. (because they simply outsource or they use company to company transfers).
so the only hope is for a new group of lobbyists to come in the picture and the only one that I can think of is the realtors / home builders etc. (for our benefit)
ofcourse the problem for us is that homebuilders / realtors are lobbying for passage of tax credits for new buyers etc (and hence you can see the speed at which housing bill is cruising) ..now if someone were to make a link between immi and housing ..then who knows something could happen
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dilbert_cal
09-26 06:15 PM
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
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Pagal
09-16 03:43 PM
Hello,
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
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meridiani.planum
04-01 01:30 AM
At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
the G-28 is only going to help for I-485 point of view.
The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.
Cheers.
the G-28 is only going to help for I-485 point of view.
The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.
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vwu3
06-17 11:54 AM
I am an international student on an F1 student visa. Am I allowed to sell iPhone apps on the Apple app store (the US one)?
Thanks.
Thanks.
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seattleGC
03-28 05:24 PM
Is part-time H1 and full-time student without F1, a problem with Univ.?
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
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freeskier89
01-02 02:23 AM
Imageshack hosts them last I checked. I thought so too, but they don't seem to anymore
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BharatPremi
11-09 04:00 PM
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
:D:D:D I'm sure writing skills can right away be determined from it. Analytical skills, yes... But my career resume would not say how skillful I was dealing with local BJP/Congress/Bahujan Samajwadi corporators or local district magistrates while I was in India:D
Would wait for green signal to send it.
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
:D:D:D I'm sure writing skills can right away be determined from it. Analytical skills, yes... But my career resume would not say how skillful I was dealing with local BJP/Congress/Bahujan Samajwadi corporators or local district magistrates while I was in India:D
Would wait for green signal to send it.
more...
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bablata2007
11-27 03:36 PM
May be I wasnt clear in my query. Here is the situation:
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
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hsd31
05-12 10:44 AM
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
How frustating this can be, right? :(
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
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RNGC
04-08 09:38 PM
As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
shortchanged
08-01 05:49 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
GCard_Dream
04-05 04:32 PM
Is that really true? I am not so sure about that. I thought you can get unlimited H1B extension as long as you have your I-140 approved. Do you really have to be retrogressed? Can someone confirm this please.
If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?
I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.
If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?
I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.
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