pappu
11-09 10:46 AM
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
The objectives of this survey are:
•To counter the bogus anti's claims on H1s.
•To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
•To ensure that aspiring immigrants get a better picture of US immigration and immigrants..
Please utilize this opportunity to:
* Provide an honest feedback on your strong contribution to the USA.
A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. It will remain confidential with IV. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.
See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
The objectives of this survey are:
•To counter the bogus anti's claims on H1s.
•To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
•To ensure that aspiring immigrants get a better picture of US immigration and immigrants..
Please utilize this opportunity to:
* Provide an honest feedback on your strong contribution to the USA.
A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. It will remain confidential with IV. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.
See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
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ajju
03-01 11:55 AM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
waitingnwaiting
01-25 09:51 PM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
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astral1977
07-09 11:21 AM
smartboy75,
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
more...
smuggymba
04-21 02:07 PM
Central PA
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
HeeKwan
02-01 08:44 PM
Congrats
more...
dbevis
November 9th, 2003, 06:40 AM
To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.
That's really weird. I reattached it and the link works again.
Don
That's really weird. I reattached it and the link works again.
Don
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mbartosik
02-17 01:24 AM
Hey, it is welcome, but it is also proof that the people running this system cannot count.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
more...
joydiptac
08-06 11:58 PM
Article is excellent. Thanks for sharing.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
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chintals
09-03 01:10 PM
Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?
Yes.. i called because i have SLUD on 09/01/09 and my case was assigned to officer on 07/08/09 and PD is current in Aug and Sep.
Yes.. i called because i have SLUD on 09/01/09 and my case was assigned to officer on 07/08/09 and PD is current in Aug and Sep.
more...
kicca
01-31 05:29 PM
^^^
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priti8888
02-18 06:19 PM
Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure
http://www.neidhartcpa.com/deduct.html
Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.
http://www.neidhartcpa.com/deduct.html
Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.
more...
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dealsnet
07-23 01:55 PM
AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
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andy garcia
12-14 12:58 PM
Now I am working for a company in OPT .
My OPT start at 7/10/2006
My OPT end at 7/9/2007
add 60 days Grace period ,so the date will be 9/7/2007
So 9/7/2007 till 10/1/2007 will have 24 days GAP.
How can I do to solve it ?
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
My OPT start at 7/10/2006
My OPT end at 7/9/2007
add 60 days Grace period ,so the date will be 9/7/2007
So 9/7/2007 till 10/1/2007 will have 24 days GAP.
How can I do to solve it ?
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
more...
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tikka
06-22 09:39 AM
is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
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pcjandyala
07-22 10:14 PM
Shana,
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
more...
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kirupa
01-06 12:57 PM
"Conflict of Interest" is my middle name...s.
:P
:P
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srinivas_o
05-08 02:27 PM
I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
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485Mbe4001
06-13 01:12 PM
you should be ok by october - november, cheers...
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
jsb
09-09 12:57 PM
No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.
If case is approved, there is no need to do anything about what you call an unusual approval. Legally, an I-485 can be filed only when visa is immediately available (although we know that is not the case), which he/she did (based on his PD being current when he/she filed his/her I-485). What happens thereafter is all internal matter of USCIS. As far as an I-485 filer is concerned, his/her case is in the works until is approved.
If case is approved, there is no need to do anything about what you call an unusual approval. Legally, an I-485 can be filed only when visa is immediately available (although we know that is not the case), which he/she did (based on his PD being current when he/she filed his/her I-485). What happens thereafter is all internal matter of USCIS. As far as an I-485 filer is concerned, his/her case is in the works until is approved.
MahaBharatGC
10-16 03:03 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
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