GCwaitforever
07-12 08:41 AM
I expected Rep. Ed Royce to come hard on Labor Secretary Elaine Chao to improve performance of USCIS, taking your question as a cue. Thats what I would expect from a true leader. Not any circumvoluted responses.
Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.
After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.
Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.
After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.
istrategist
03-19 10:54 PM
First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
HRPRO
05-02 09:38 AM
I beleive that there is a good chance your PD will be current this Fiscal year and she must be present here to file her AOS
kartikiran
02-18 12:29 PM
If you can you should move up to EB2.
Even if it is file your spouse's I-485, what moving up means is you both can be free out of this mess.
There is no guarantee with PD dates for EB3-India moving to Dec 2001. It has not touched that date ever since retrogression was introduced. Go figure. BTW, USCIS still thinks there are thousands and thousands of apps filed before Dec 2001.
Best of luck.
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
Even if it is file your spouse's I-485, what moving up means is you both can be free out of this mess.
There is no guarantee with PD dates for EB3-India moving to Dec 2001. It has not touched that date ever since retrogression was introduced. Go figure. BTW, USCIS still thinks there are thousands and thousands of apps filed before Dec 2001.
Best of luck.
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
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paskal
12-19 03:38 AM
absolutely
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
desi3933
07-05 03:30 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
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needhelp!
11-07 05:07 PM
bump..
bluekayal
10-22 08:29 PM
call again using POJ method. But don't lose sleep.
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levelup
10-22 02:22 AM
is really useful for me, I am glad to read it here.
snathan
03-20 01:04 AM
Yes
No. You will need new visa stamp.
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
No. You will need new visa stamp.
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
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ss777
02-12 06:54 AM
Is your I-140 at TSC? Do you have any other I-140 or I-485 pending/Approved at TSC? They may be trying to consolidate all the cases.
ItIsNotFunny
04-06 08:35 AM
Yes it is correct link, many of us are headed this way....
Let us not use any marketting links here.
Let us not use any marketting links here.
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wata
10-17 05:29 PM
Then what kind of visa that I have to hold between the beginning until I am ready to hire total of 10 and file my EB5.
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
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.
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Ennada
01-20 01:37 PM
This looks great.....good work.
:)
:)
jaggu
08-16 01:41 PM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.
I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.
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cal97
12-11 05:44 PM
Guys,
I have a question about interfiling. My signature explains my green card situation. My EB3 I-140 with a PD of 9/2001 is still not approved.
Is it true that USCIS never responds to interfiling requests ? As per my attorney, they accept the interfiling letter and process it or they don't. My attorney is pretty darn good and honestly have no complaints till now but this particular information is kind of bothering me and just want to be sure.
Would appreciate if anyone could help me clear this up.
Thanks!
I have a question about interfiling. My signature explains my green card situation. My EB3 I-140 with a PD of 9/2001 is still not approved.
Is it true that USCIS never responds to interfiling requests ? As per my attorney, they accept the interfiling letter and process it or they don't. My attorney is pretty darn good and honestly have no complaints till now but this particular information is kind of bothering me and just want to be sure.
Would appreciate if anyone could help me clear this up.
Thanks!
amitjoey
05-16 01:02 PM
IV NEEDS MONEY to pay for all the resources. IV Core has spent thousands of dollars from their own pockets to fly back and forth from DC and other activities to lobby for all of us. Please keep in mind that apart from paying the lobbyist (top $$$$). IV has other expenses like maintaining this website, paying for related expenses. CONSIDER CONTRIBUTING ATLEAST A LITTLE AMOUNT.
broadcaster
11-08 03:42 PM
On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.
rajuram
02-17 01:17 AM
There are hardly any efforts now to do targetted email & phone campaigns now. This costs no money, and very little time.
I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
nixstor
12-09 11:57 PM
Now where are the members in IL? Repeated requests passed to members returns no response!
They are all in Valley lake dr in schaumburg... Devon Ave in downtown.. just kidding. 50% of people who live in valley lake dr (apt community) is H1b folks working for SBC/Motorola.
They are all in Valley lake dr in schaumburg... Devon Ave in downtown.. just kidding. 50% of people who live in valley lake dr (apt community) is H1b folks working for SBC/Motorola.
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