cgs
04-12 03:41 PM
Can someone get GC’s without reaching the priority dates?
I don’t have much information but I heard the following by mouth. My friend told me that he came to know a person(Indian) who had got his GC without the priority date being current. His prior status was EAD. If it is real, is this a fluke case?
I know many people applied for I485 in 2005 Sep, and PD was also from that year, and got the EAD’s. So do they have priority of getting GC than people who had PD dates prior to 2005 but not filed for I485?
I don’t have much information but I heard the following by mouth. My friend told me that he came to know a person(Indian) who had got his GC without the priority date being current. His prior status was EAD. If it is real, is this a fluke case?
I know many people applied for I485 in 2005 Sep, and PD was also from that year, and got the EAD’s. So do they have priority of getting GC than people who had PD dates prior to 2005 but not filed for I485?
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aguy
08-03 02:37 PM
Hi,
We filed a dependent I-485 for my wife while she is on a F1 status. She has a EAD card (but my I-140 is pending). My understanding is that once she finishes school, she will not be able to get an OPT. Does it mean that she can accept employment using the EAD even though the I-140 is not approved? In case my I-140 is denied, will she lose her status and would have to leave the country?
Thanks.
We filed a dependent I-485 for my wife while she is on a F1 status. She has a EAD card (but my I-140 is pending). My understanding is that once she finishes school, she will not be able to get an OPT. Does it mean that she can accept employment using the EAD even though the I-140 is not approved? In case my I-140 is denied, will she lose her status and would have to leave the country?
Thanks.
manderson
03-23 10:51 AM
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sumansk
11-28 12:14 PM
Hi All,
I have come across situation where people who primarily filed 485 to NSC and their cases have been transferred to Texas or other places. In their notices the receipt date has been mentioned as the date on which the case received later by another service(TSC, CSC etc) center and not the date on which the case was first received by NSC.
So technically it is not the fault of the applcant and in some cases they lose 3 or more months for AC21.
Can someone or moderators explain if one can argue with USCIS to put the receipt date as the original for AC21 considerations.
:mad:
Thanks & Regards
I have come across situation where people who primarily filed 485 to NSC and their cases have been transferred to Texas or other places. In their notices the receipt date has been mentioned as the date on which the case received later by another service(TSC, CSC etc) center and not the date on which the case was first received by NSC.
So technically it is not the fault of the applcant and in some cases they lose 3 or more months for AC21.
Can someone or moderators explain if one can argue with USCIS to put the receipt date as the original for AC21 considerations.
:mad:
Thanks & Regards
more...
aachoo
04-01 01:37 AM
Does not matter. I have done both in the past. Just staple them so they dont get separated.
sidm1810
04-13 07:28 PM
Hi all,
I am a consultant working on H1B and my 3rd yr of visa expires in march 2011.
Im planning to file my GC through my current employer in EB2 category(As I have a masters degree) but have following queries :
1.My company is a small company with only 2 employees i.e. me and my manager.
If i do file my GC through such a company,whats are the pros and cons e.g. any RFE expected because its a small company considering that have already had an RFE when transferring my H1B to this company earlier.
2.Can I file my GC through a different employer say my end client or any other company while im working with my current employer?
3.Considering the above situations,what is the best option for me to file my GC at tis point of time?
Also filing my GC in EB2 category will help avid processing delays as per the current trend?
Please advise.
Thanks for your time.
BR,
Sid
I am a consultant working on H1B and my 3rd yr of visa expires in march 2011.
Im planning to file my GC through my current employer in EB2 category(As I have a masters degree) but have following queries :
1.My company is a small company with only 2 employees i.e. me and my manager.
If i do file my GC through such a company,whats are the pros and cons e.g. any RFE expected because its a small company considering that have already had an RFE when transferring my H1B to this company earlier.
2.Can I file my GC through a different employer say my end client or any other company while im working with my current employer?
3.Considering the above situations,what is the best option for me to file my GC at tis point of time?
Also filing my GC in EB2 category will help avid processing delays as per the current trend?
Please advise.
Thanks for your time.
BR,
Sid
more...
Blog Feeds
11-22 09:00 AM
Lots of activity to report. Congressional Hispanic Caucus leaders met this week with President Obama who said he wants a vote during the Lame Duck and would work the phones to round up votes. Harry Reid tweeted today that he'll offer the DREAM Act as a standalone bill which will hopefully help bring along a few of the "procedural" no voters from last September who indicated they like the DREAM Act but didn't believe in tacking it on to a budget bill. In the mean time, advocacy groups are apparently still arguing about the final language including answering whether college...
More... (http://blogs.ilw.com/gregsiskind/2010/11/stage-being-set-for-dream-act-vote.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/stage-being-set-for-dream-act-vote.html)
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neel_gump
08-28 10:43 AM
we should assume as "no changes" from previous week ;)
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Macaca
08-05 07:42 AM
A Polarized, and Polarizing, Congress (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/03/AR2007080301949.html) By David S. Broder (davidbroder@washpost.com), August 5, 2007
The distinguishing characteristic of this Congress was on vivid display the other day when the House debated a bill to expand the federal program that provides health insurance for children of the working poor.
Even when it is performing a useful service, this Congress manages to look ugly and mean-spirited. So much blood has been spilled, so much bile stockpiled on Capitol Hill, that no good deed goes untarnished.
The State Children's Health Insurance Program (SCHIP) is a 10-year-old proven success. Originally a product of bipartisan consensus, passed by a Republican Congress and signed by President Bill Clinton, it was one of the last domestic achievements before Monica and impeachment fever seized control.
It is up for renewal this year and suddenly has become a bone of contention. President Bush underfunded it in his budget; the $4.8 billion extra he proposed spending in the next five years would not finance insurance even for all those who are currently being served.
But when the Senate Finance Committee proposed boosting the funding to $35 billion -- financed by a hefty hike in tobacco taxes -- Bush threatened a veto, and he raised the rhetorical stakes by claiming that the measure was a step toward "government health insurance."
That was surprising news to Republican Sens. Chuck Grassley of Iowa and Orrin Hatch of Utah, two staunch conservatives who had joined in sponsoring the Senate bill, which the Senate Finance Committee supported 17 to 4.
But rather than meet the president's unwise challenge with a strong bipartisan alternative, the House Democratic leadership decided to raise the partisan stakes even higher by bringing out a $50 billion bill that not only would expand SCHIP but would also curtail the private Medicare benefit delivery system that Bush favors.
To add insult to injury, House Democratic leaders then took a leaf from the old Republican playbook and brought the swollen bill to the floor with minimal time for debate and denied Republicans any opportunity to offer amendments.
The result was undisguised fury -- and some really ugly exchanges on the floor. The worst, given voice by former speaker Dennis Hastert, a Republican from Illinois, among others, was the charge that the Democrats were opening the program to illegal immigrants. The National Republican Congressional Committee distributed that distortion wholesale across the country in a flurry of news releases playing to the same kind of nativist prejudice that sank the immigration reform bill. In fact, governors of both parties support the certification system included in the bill for assuring that families meet citizenship requirements; the governors know that too many legal residents have been wrongly disqualified because they could not locate their birth certificates.
In the end, the House bill passed on a near-party-line vote, 225 to 204, far short of the margin that would be needed to override the promised Bush veto. That means the program will probably have to be given a temporary renewal before the Sept. 30 deadline, and eventually Democrats and the White House will negotiate an agreement.
So it will go down as one more example of unnecessary conflict. No rational human being could explain why a program that both parties support and both want to continue could ignite such a fight.
But that is Washington in this era of polarized politics. As Congress heads out for its August recess, it has accomplished about as much as is usually the case at this stage. It passed an overdue increase in the minimum wage and an overdue but healthy package of ethics reforms. It moved some routine legislation.
But what the public has seen and heard is mainly the ugly sound of partisan warfare. The Senate let a handful of dissident Republicans highjack the immigration bill. Its Democratic leadership marched up the hill and back down on repeated futile efforts to circumscribe American involvement in Iraq, then shamefully pulled back from a final vote when a constructive Republican alternative to the Bush policy was on offer.
The less-than-vital issue of the firing of eight U.S. attorneys has occupied more time and attention than the threat of a terrorist enclave in Pakistan -- or the unchecked growth of long-term debts that could sink Medicare and Social Security.
And when this Congress had an opportunity to take a relatively simple, incremental step to extend health insurance to a vulnerable group, the members managed to make a mess of it.
It's no wonder the approval ratings of Congress are so dismal.
The distinguishing characteristic of this Congress was on vivid display the other day when the House debated a bill to expand the federal program that provides health insurance for children of the working poor.
Even when it is performing a useful service, this Congress manages to look ugly and mean-spirited. So much blood has been spilled, so much bile stockpiled on Capitol Hill, that no good deed goes untarnished.
The State Children's Health Insurance Program (SCHIP) is a 10-year-old proven success. Originally a product of bipartisan consensus, passed by a Republican Congress and signed by President Bill Clinton, it was one of the last domestic achievements before Monica and impeachment fever seized control.
It is up for renewal this year and suddenly has become a bone of contention. President Bush underfunded it in his budget; the $4.8 billion extra he proposed spending in the next five years would not finance insurance even for all those who are currently being served.
But when the Senate Finance Committee proposed boosting the funding to $35 billion -- financed by a hefty hike in tobacco taxes -- Bush threatened a veto, and he raised the rhetorical stakes by claiming that the measure was a step toward "government health insurance."
That was surprising news to Republican Sens. Chuck Grassley of Iowa and Orrin Hatch of Utah, two staunch conservatives who had joined in sponsoring the Senate bill, which the Senate Finance Committee supported 17 to 4.
But rather than meet the president's unwise challenge with a strong bipartisan alternative, the House Democratic leadership decided to raise the partisan stakes even higher by bringing out a $50 billion bill that not only would expand SCHIP but would also curtail the private Medicare benefit delivery system that Bush favors.
To add insult to injury, House Democratic leaders then took a leaf from the old Republican playbook and brought the swollen bill to the floor with minimal time for debate and denied Republicans any opportunity to offer amendments.
The result was undisguised fury -- and some really ugly exchanges on the floor. The worst, given voice by former speaker Dennis Hastert, a Republican from Illinois, among others, was the charge that the Democrats were opening the program to illegal immigrants. The National Republican Congressional Committee distributed that distortion wholesale across the country in a flurry of news releases playing to the same kind of nativist prejudice that sank the immigration reform bill. In fact, governors of both parties support the certification system included in the bill for assuring that families meet citizenship requirements; the governors know that too many legal residents have been wrongly disqualified because they could not locate their birth certificates.
In the end, the House bill passed on a near-party-line vote, 225 to 204, far short of the margin that would be needed to override the promised Bush veto. That means the program will probably have to be given a temporary renewal before the Sept. 30 deadline, and eventually Democrats and the White House will negotiate an agreement.
So it will go down as one more example of unnecessary conflict. No rational human being could explain why a program that both parties support and both want to continue could ignite such a fight.
But that is Washington in this era of polarized politics. As Congress heads out for its August recess, it has accomplished about as much as is usually the case at this stage. It passed an overdue increase in the minimum wage and an overdue but healthy package of ethics reforms. It moved some routine legislation.
But what the public has seen and heard is mainly the ugly sound of partisan warfare. The Senate let a handful of dissident Republicans highjack the immigration bill. Its Democratic leadership marched up the hill and back down on repeated futile efforts to circumscribe American involvement in Iraq, then shamefully pulled back from a final vote when a constructive Republican alternative to the Bush policy was on offer.
The less-than-vital issue of the firing of eight U.S. attorneys has occupied more time and attention than the threat of a terrorist enclave in Pakistan -- or the unchecked growth of long-term debts that could sink Medicare and Social Security.
And when this Congress had an opportunity to take a relatively simple, incremental step to extend health insurance to a vulnerable group, the members managed to make a mess of it.
It's no wonder the approval ratings of Congress are so dismal.
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theshiningsun
11-03 08:39 PM
hi attorneys,
i am currently on H-1B with employer A. i hv a job offer from employer B which is a mgr role based outside USA.
i know that if i work for 1+ yr with employer B outside USA then i can come back to USA on L1-A visa.
my question is - during this 1 yr period, can i work for employer B in USA on H-1B?
thx in advance,
i am currently on H-1B with employer A. i hv a job offer from employer B which is a mgr role based outside USA.
i know that if i work for 1+ yr with employer B outside USA then i can come back to USA on L1-A visa.
my question is - during this 1 yr period, can i work for employer B in USA on H-1B?
thx in advance,
more...
jsb
09-21 11:43 AM
i got ead(secondary person) yestesday.and also i applied H1 B which got approved 1 week back and i want to take SSN. so my question is with
what(H1B or EAD) i should apply for SSN). Do i need to apply SSN with EAD or H1 B? which one will be better ? please let me know.
You can use either. SS office needs anything to prove that you are authorized to work in the US, which needs a SS
what(H1B or EAD) i should apply for SSN). Do i need to apply SSN with EAD or H1 B? which one will be better ? please let me know.
You can use either. SS office needs anything to prove that you are authorized to work in the US, which needs a SS
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pinkam
11-18 11:10 PM
hi everybody,
hope I will get guidance..Here is my case....
I am an Indian and I have been living in USA for about one year as a dependent of F1 visa holder.Recently I got my I-20 and now I want to change my status from F2 to F1.I have only 2 months left to start my classes.And I have some Questions regarding changing status...
1.Is 2 months period is sufficient if I file from USA?
2. what are the chances of changing status (from F2 to F1) if I file from India?
In case, my visa status does not change,will I be able to come back to USA on F2 ? will they reject my current F2 visa as well?
please.. help me with these questions.I will appreciate if somebody could advise me...
Regards.
hope I will get guidance..Here is my case....
I am an Indian and I have been living in USA for about one year as a dependent of F1 visa holder.Recently I got my I-20 and now I want to change my status from F2 to F1.I have only 2 months left to start my classes.And I have some Questions regarding changing status...
1.Is 2 months period is sufficient if I file from USA?
2. what are the chances of changing status (from F2 to F1) if I file from India?
In case, my visa status does not change,will I be able to come back to USA on F2 ? will they reject my current F2 visa as well?
please.. help me with these questions.I will appreciate if somebody could advise me...
Regards.
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giddi_raja@yahoo.com
09-10 05:42 PM
Friends,
I filed consular processing when USCIS stopped accepting I485 applications in July.
Since USCIS revised the filing date, I filed I485 on 18th July.
My case went to Indian consulate a month ago but I got the I485 receipts and FP notice from USCIS recently.
We are planning to stick with I485 now. Are there any Issues here?. Is this going to delay my GC process as my case went to consulate, abroad already. Please pass on your ideas and suggestions. Thank you.
I filed consular processing when USCIS stopped accepting I485 applications in July.
Since USCIS revised the filing date, I filed I485 on 18th July.
My case went to Indian consulate a month ago but I got the I485 receipts and FP notice from USCIS recently.
We are planning to stick with I485 now. Are there any Issues here?. Is this going to delay my GC process as my case went to consulate, abroad already. Please pass on your ideas and suggestions. Thank you.
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kanyewest
04-20 02:28 PM
I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
Thanks in advance for your comments.
Note: I did not see any posts related to this particular scenario, hence had to create a new thread.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
Thanks in advance for your comments.
Note: I did not see any posts related to this particular scenario, hence had to create a new thread.
more...
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cparbelle
06-15 11:59 PM
Hello!
My case:
H1B current until Jan 2010
Nationality: French
PERM approved last April
The lawyer is planning to file this week for i131-i765-i485 (target is wednesday)
Would it be ok for me to travel abroad next week, or are there some travel restrictions after we file the forms?
Do we need an official receipt from USCIS before I can leave the US, or before I came back from the US, or any other restrictions?
Would some of you know?
:)
Thanks!!
celine
My case:
H1B current until Jan 2010
Nationality: French
PERM approved last April
The lawyer is planning to file this week for i131-i765-i485 (target is wednesday)
Would it be ok for me to travel abroad next week, or are there some travel restrictions after we file the forms?
Do we need an official receipt from USCIS before I can leave the US, or before I came back from the US, or any other restrictions?
Would some of you know?
:)
Thanks!!
celine
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vijayendrak
10-17 10:40 AM
I am going on an international travel on job for 1 month during my OPT period. My OPT started in Jul 3rd 07 and I am planning to travel in the month of jan 08.
What are the documents that I need to procure for making my trip possible. Also, if someone could comapare this situation with international travel in H1 status it will be great help.
Thanks.
VJ
What are the documents that I need to procure for making my trip possible. Also, if someone could comapare this situation with international travel in H1 status it will be great help.
Thanks.
VJ
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ephedra26
03-29 12:17 PM
Hi,
I am currently on F1 Status
I have a Vaid H1 Visa which was issued by my previous employer on 2006.But I did not use the VISA as I entered US as a student and have never worked in the US on H1.
the new employer is willing to sponser my h1. As I was already counted in the cap once within past 6 years, I need not wait till april to process my application.
is this correct?
If one is in some other status other than H1 currently, They don't need old paystubs for the transfer.I need a copy of the I797 or the receipt number of my old H1 for transfer.
I can provide the receipt number which is available on my visa. My previous employer is not willing to give me a copy of I797.
what are the chances that my application being approved without old I797 but just the receipt no for proof of me counted already once
I am currently on F1 Status
I have a Vaid H1 Visa which was issued by my previous employer on 2006.But I did not use the VISA as I entered US as a student and have never worked in the US on H1.
the new employer is willing to sponser my h1. As I was already counted in the cap once within past 6 years, I need not wait till april to process my application.
is this correct?
If one is in some other status other than H1 currently, They don't need old paystubs for the transfer.I need a copy of the I797 or the receipt number of my old H1 for transfer.
I can provide the receipt number which is available on my visa. My previous employer is not willing to give me a copy of I797.
what are the chances that my application being approved without old I797 but just the receipt no for proof of me counted already once
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