eb3retro
03-15 01:15 PM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
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ajju
09-07 12:07 PM
Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).
If you've been working for this company for past 2 years and now they are going to file your GC... and you've no prior experience.. you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this...
If you've been working for this company for past 2 years and now they are going to file your GC... and you've no prior experience.. you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this...
GCwaitforever
08-16 10:41 PM
Check them out ...
http://www.workingintheuk.gov.uk/working_in_the_uk/en/documents/all_forms.html
http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/schemes_and_programmes/hsmp.html?
http://www.workingintheuk.gov.uk/working_in_the_uk/en/documents/all_forms.html
http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/schemes_and_programmes/hsmp.html?
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ganguteli
06-12 11:26 AM
Why before October?
Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.
Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.
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ragz4u
04-13 10:52 AM
Will IV be trying to campaign/lobby against the 180 day delay?
90 days is a US law for every bill. Again, I don't see what IV has to do with that!
The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!
In any case, we will stick ONLY to our agenda.
90 days is a US law for every bill. Again, I don't see what IV has to do with that!
The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!
In any case, we will stick ONLY to our agenda.
pani_6
07-19 05:23 PM
1. My lawyer clearly said you can't, unless you file it together with AOS.
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
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ravi98
06-18 10:00 AM
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
Not sure if there is anything you can do about it currently. Your lawyer may be your best bet to know obstacles may come your way - if they do.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
Not sure if there is anything you can do about it currently. Your lawyer may be your best bet to know obstacles may come your way - if they do.
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ab2k7
07-07 03:34 PM
Thanks map boiler for your pointer which led me to a random job ad having the same language
www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR
"Job is in Jackson, MS. May work at one or more unanticipated locations."
I guess you are referring to the same.
I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?
It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.
Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)
www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR
"Job is in Jackson, MS. May work at one or more unanticipated locations."
I guess you are referring to the same.
I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?
It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.
Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)
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Widget
04-18 03:28 PM
Yesterday, there was a problem with the uscis web site. I tried to use the web site several times. Did you try to use the web site yesterday? or before?
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
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reddog
04-20 09:50 AM
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
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amsgc
01-23 06:48 PM
I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
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desih1b
05-01 10:17 AM
I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
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MahaBharatGC
10-13 11:45 AM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
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belmontboy
04-10 06:56 PM
There should be tighter provisions against multiple applications [via multiple employers]. it prone to abuse - as a way to increase chances of lottery [as it happened this yr].
There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.
Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!
There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.
Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!
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arihant
04-12 05:00 PM
I whole heartedly agree that labor substitution elimination makes sense. However, the 45 day proposal built into this rule can be disasterous. I just posted my experience with the 45 day letter from BEC in another thread.
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
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amsgc
04-04 02:29 PM
BTW, what does OP stand for?
OP: Original Poster
OP: Original Poster
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mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
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serg
04-06 11:18 PM
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)
they still have a cloture motion vote tomorrow morning, so we'll see.
Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)
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paskal
08-27 01:50 PM
Please be good enough to join your state chapter
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
Nil
11-09 11:10 AM
^^^^^
akilaakka
07-11 02:10 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
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