ragz4u
01-31 04:36 PM
http://rawstory.com/news/2005/State_of_Union_excerpts._0131.html
On Competitiveness:
"The American economy is pre-eminent - but we cannot afford to be complacent. In a dynamic world economy, we are seeing new competitors like China and India."
"We must continue to lead the world in human talent and creativity. Our greatest advantage in the world has always been our educated, hard-working, ambitious people - and we are going to keep that edge."
On Competitiveness:
"The American economy is pre-eminent - but we cannot afford to be complacent. In a dynamic world economy, we are seeing new competitors like China and India."
"We must continue to lead the world in human talent and creativity. Our greatest advantage in the world has always been our educated, hard-working, ambitious people - and we are going to keep that edge."
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psgprasad
02-22 10:32 AM
I had the same problem last year.
1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.
I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.
I would suggest, you contact a attorney soon.
My suggestions are my experience and stuff, I am not an attorney to give you legal advise.
1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.
I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.
I would suggest, you contact a attorney soon.
My suggestions are my experience and stuff, I am not an attorney to give you legal advise.
lifestrikes
03-10 10:09 AM
Nightly News: U.S. losing immigrant brainpower - Business - Consumer news - U.S. business - msnbc.com (http://www.msnbc.msn.com/id/41894670/ns/business-consumer_news/)
2011 Wallpaper -Brewster - Villa
vin13
12-08 05:00 PM
Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?
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GC4ALL
09-25 09:00 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
dbevis
October 24th, 2004, 07:42 PM
My preference was between 3 and 4. But 4 gives me the satisfaction of (or impression of) being at the corner looking into the field. The depth suggested by the rail going off to the right is good, too.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
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Almond
07-18 09:14 AM
What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.
I think, not sure, but I think she's filed in RIR. 200!? :( So, should she call? Her priority date is end of year 2001, even she doesn't remember well the exact month. Just from reading on here and other forums it seems 2002's and 2003's have been steadily getting approvals, and her case is so old she hasn't gotten a single letter from them, makes no sense.
I think, not sure, but I think she's filed in RIR. 200!? :( So, should she call? Her priority date is end of year 2001, even she doesn't remember well the exact month. Just from reading on here and other forums it seems 2002's and 2003's have been steadily getting approvals, and her case is so old she hasn't gotten a single letter from them, makes no sense.
2010 Golf Resort, Tuscany
mirage
07-11 01:29 PM
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
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rsirpal
03-25 11:16 AM
Ported EB3 to EB2 India Green Card Approved on wife's birthday :D
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
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engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
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rsayed
04-30 03:09 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
...Now, THAT was quite a scare! Thx. for the clarification.
...Now, THAT was quite a scare! Thx. for the clarification.
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raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
more...
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mrajatish
07-02 09:58 AM
Stop replying to this guy - focus on something more meaningful.
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raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
more...
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svn
04-07 07:06 PM
After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
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phigi
08-19 03:33 AM
that got me back my rights to Post messages. thanks Kannan
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EndlessWait
05-21 01:18 PM
We all know, Mexican govt. lobbied quite a lot for there ppl. Looks like its a fair course. NRIs serve both interests US and back home. India and US seem to be strong allies now then ever, so perhaps we should ask the Indian govt. to voice our concerns.
Its only fair when illegals can get all the attention, why can't we.
Its only fair when illegals can get all the attention, why can't we.
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Munna Bhai
08-28 07:52 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
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smartboy75
07-17 07:49 PM
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
bbenhill
01-08 12:24 PM
totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.
I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)
I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)
Saburi
04-28 10:00 AM
Hello Freinds.
After a long wait of 8 years today i got an RFE i don't know what the RFE is all about and will be waiting to get the letter in the mail, do you know how much time does it takes for the paper RFE to come to your lawyer.
RFE was issued today but unlike the email which i got says the status on hold, thats strange
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
is this normal or is this is an indication of something wrong and bad.
Please do advice gurus
Best Regards
Saburi
After a long wait of 8 years today i got an RFE i don't know what the RFE is all about and will be waiting to get the letter in the mail, do you know how much time does it takes for the paper RFE to come to your lawyer.
RFE was issued today but unlike the email which i got says the status on hold, thats strange
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
is this normal or is this is an indication of something wrong and bad.
Please do advice gurus
Best Regards
Saburi