xu1
08-02 11:35 PM
I believe MS + 2 is good enough if your company supports it and your lawyer is not too conservative in filing (both are important)... I heard the perm is more inclined to reject EB2 than EB3 though. the lawyer needs to therefore prepare a good case.
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JunRN
07-18 08:11 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
abc
11-06 06:09 PM
No need to register PIO kid till 15 years of age.
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gimme_GC2006
09-13 06:50 PM
Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
more...
NyteStarNyne
11-10 10:15 PM
My two entries (hope I'm not too late!): Clockwork Kirupa (http://www.kirupa.com/forum/showthread.php?t=338568) & Kirupa Hero (http://www.kirupa.com/forum/showthread.php?t=338583)
Thanks :)
Thanks :)
franklin
09-05 05:24 PM
Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.
No, EB3 ROW has been retrogressed for years. I HIGHLY doubt that this will change dramatically come October. As everyone knows, the common assumption is that Priority dates will be similar to January of this year, which means that EB3 ROW PD will be 01AUG02
Please get your facts straight, this is disinformation.
Your friends that you refer to must not have been EB3, it is highly unlikely that they got their greencards in under a year if they were. Since the OP didn't say what category they were in, we have to think about all possibilities.
No, EB3 ROW has been retrogressed for years. I HIGHLY doubt that this will change dramatically come October. As everyone knows, the common assumption is that Priority dates will be similar to January of this year, which means that EB3 ROW PD will be 01AUG02
Please get your facts straight, this is disinformation.
Your friends that you refer to must not have been EB3, it is highly unlikely that they got their greencards in under a year if they were. Since the OP didn't say what category they were in, we have to think about all possibilities.
more...
TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
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sunny1000
03-10 03:19 PM
My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
more...
GCHope2011
09-14 05:57 AM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
I certainly hope that my interpretation is wrong and that you are not in violation.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
I certainly hope that my interpretation is wrong and that you are not in violation.
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rongha_2000
10-18 05:55 PM
Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.
DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
more...
santb1975
05-17 11:00 PM
Thanks a lot
My $100..
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Thanks
My $100..
Paypal ID #8BB01536AL566510N
Thanks
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bitzbytz
07-13 02:24 PM
i backup admin...no threads for illegal issues. May be we can use private messages.
more...
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saketkapur
07-27 05:24 PM
ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
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a_yaja
06-18 05:24 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
more...
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avi101
07-11 11:29 AM
Well said, logiclife. But from what I know, such employers just open up another company, not in their name, but their spouse or sibling or such and operate behind the scenes until its safe to come out. Other strategies they employ, send payment checks to employees old address on file knowing for sure that its gonna come back thereby delaying the process more.
The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.
The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.
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willgetgc2005
03-22 07:37 PM
Sent to my Attorney.
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gsvisu
07-15 06:26 PM
I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
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telekinesis
09-06 04:02 PM
Thanks...again :P
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
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ssdtm
03-22 01:02 AM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
bitzbytz
05-13 03:05 AM
finally...now what?
bsbawa10
08-01 04:27 PM
Another gimmick by USCIS. Another way of showing that it is working. Another way to bluff. Another way of wasting our money without actually doing what is needed.
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