gcdreamer05
01-29 11:57 AM
Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....
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joshraj
10-03 11:54 AM
Filed: July 27
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
cris
08-30 10:22 AM
many thanks to all you guys answered and clarified my issue .
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BimmerFAn
06-22 09:03 PM
Hi guys, I am trying to understand this whole process and was wondering if you could help me out.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
more...
sunny1000
10-01 07:09 PM
What is the status of this bill ? Anyone?
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
dead.
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
dead.
Hermione
09-25 03:52 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.
As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.
more...
leonqiu
03-14 12:06 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
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needhelp!
10-09 01:41 PM
From our meet & greet last saturday:
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
more...
arkie2916
July 15th, 2004, 07:52 PM
Anders these are just fantastic!! Keep up the great work.
Bev
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new_horizon
03-08 06:44 AM
Filed online on Dec 20 for both me and my wife. Send additional docs in 1 week. EAD and AP approved on Feb 23. Nebraska center. Only sad thing is EAD and AP are not in one card. I got EAD approved for 2 years, but AP for only 1 year in paper form.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
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ssss
01-10 06:43 PM
My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP
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TO BE OR NO TO BE
05-17 03:49 PM
nshah:
Can you give me information of your lawyer please?
Thanks,
Can you give me information of your lawyer please?
Thanks,
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arouncoumar
11-08 12:46 PM
Yup, returning H1Bs qualify for emergency appt. I'd done it years ago.
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gc_kaavaali
12-08 01:36 PM
Hi guys,
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.
http://immigrationvoice.org/forum/showthread.php?t=15905
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.
http://immigrationvoice.org/forum/showthread.php?t=15905
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
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Dhundhun
07-16 07:45 PM
I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
Now i got the AP document but the date issued is october 12 2008 to october 2009 .
But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .
This is trouble.
They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.
On this AP - a big NO.
I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?
Now i got the AP document but the date issued is october 12 2008 to october 2009 .
But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .
This is trouble.
They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.
On this AP - a big NO.
I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?
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RiaonH4
01-18 10:30 AM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
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bestofall
12-30 09:56 PM
How did you find out , that files are assigned to I/O
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rkgc
08-20 02:02 PM
Hi All,
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
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ravi98
03-18 10:45 AM
3 days of active work or countless years of waiting....
you have vacation time, use it to get your green card faster.....
you have money, donate to the advocacy fund, or sponsor a friend.....
you are curious, but not sure what to do, decide now - time is running out.......
you have no idea what the advocacy is all about, ask a question here.....
Work to get the change you want instead of reacting to adverse immigration laws that affect you.....
Be pro-active rather than re-active.
you have vacation time, use it to get your green card faster.....
you have money, donate to the advocacy fund, or sponsor a friend.....
you are curious, but not sure what to do, decide now - time is running out.......
you have no idea what the advocacy is all about, ask a question here.....
Work to get the change you want instead of reacting to adverse immigration laws that affect you.....
Be pro-active rather than re-active.
somegchuh
09-22 04:39 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
nrakkati
08-15 12:28 PM
Congrats and welcome to IV, hope you become an active member and contribute your efforts to IV.
Sure...Just contributed $100, will do more in coming months.
Sure...Just contributed $100, will do more in coming months.
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