pappu
03-30 05:55 PM
People stuck with current PDs and outside processing times can exlore this
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
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belmontboy
07-13 07:14 PM
"Yesterday, we described potential four options for the DOS and the USCIS. Unconfirmed sources indicate that the last option appears to be "out." ...."
And the last option is ....
"The fourth, which is important but difficult, option might be to change its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals."
So if this rumour is true, then no EAD's & AC21 after I-140 and before 485 :(
And the last option is ....
"The fourth, which is important but difficult, option might be to change its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals."
So if this rumour is true, then no EAD's & AC21 after I-140 and before 485 :(
Michael chertoff
07-12 10:59 AM
Up that by another 3 months:D
Here you go,
I hope it wiill move to Nov 2006 PD
MC
Here you go,
I hope it wiill move to Nov 2006 PD
MC
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gc_aspire
05-24 12:54 PM
Done! Good Job IV Core Team...
more...
amsgc
06-19 10:06 PM
Maybe someone can forward the update here: goivgaiv@googlegroups.com ?
Thanks.
Thanks.
jung.lee
03-03 02:07 PM
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
more...
telekinesis
05-23 05:57 PM
About to leave to Best Buy to pick up my new 17" notebook PC. I'll have to load some stuff onto and finish something for a client, but it will be finished tonight.
Sorry about the delay.
Sorry about the delay.
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neo_ny
03-31 05:34 PM
Thanks everyone for your responses!
more...
paskal
07-04 11:53 PM
please post the full article
it's a subscriber site.
it's a subscriber site.
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meridiani.planum
04-03 06:44 PM
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
more...
ronnie0479
01-24 05:32 PM
I never said school can force her to maintain F1. All I said was if she wants to be on F1 (for whatever reasons) she needs to comply with school's policies. Also her maintaining or not maintaining F1 is immaterial to her legal immigration status in the country (which is safe by the virtue of pending I-485) it is just that she will cease to be on F1 status (her current non-immigrant status, just obtaining EAD doesn't mean she has abandoned F1 status, she needs to use it)
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
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paskal
07-14 06:09 PM
private message
click on the big dot next to the user name and choose "send a private message"
click on the big dot next to the user name and choose "send a private message"
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tikka
07-05 11:11 AM
articles in the media drive please.
That ways everything is in one place...
good find
That ways everything is in one place...
good find
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illinois_alum
07-15 05:44 PM
Hello,
I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
12/15/2007 Status - 04/24/2007
01/15/2008 - 07/19/2007
06/15/2008 - 07/28/2007
Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).
For one thing - there would be thousands of applications between 07/19 and 07/28 (mine being one of those :D) and the other is that the USCIS doesnt pre-adjudicate. Since the PD has only moved recently, the processing dates didnt move that rapidly
I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
12/15/2007 Status - 04/24/2007
01/15/2008 - 07/19/2007
06/15/2008 - 07/28/2007
Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).
For one thing - there would be thousands of applications between 07/19 and 07/28 (mine being one of those :D) and the other is that the USCIS doesnt pre-adjudicate. Since the PD has only moved recently, the processing dates didnt move that rapidly
more...
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gg10004
07-13 10:45 AM
^^^^
gg10004 - Great news !!!
Keeping fingures crossed
Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.
gg10004 - Great news !!!
Keeping fingures crossed
Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.
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map_boiler
07-12 12:24 PM
Just trying to sum up the situation from USCIS perspective...
1) DOS releases July visa bulletin making all EB categories current (except for other workers)...hoping to force the USCIS to adjudicate cases and avoid wasting visa numbers as in previous years
2) This infuriates USCIS, and for whatever reasons (this has been debated enough already), they decide to use up all the FY2007 visa numbers in June itself and then force the DOS to revise the July bulletin in June itself...so no one can file in July.
3) Unfortunately, they run into issues going through with their plan of using up all visa numbers in June
4) July 1st and morning of July 2nd...they still are working frantically to use up the numbers to avoid new July filers. But by now, it is July already and they have failed in their original mission (see 2 above). Now they start panicking and do some dumb stuff (in violation of their own regulations). They approve I-485's of some folks who were ready for approval (processing complete and FBI check cleared), but whose dates were not current. They also pre-requested some numbers for folks whose dates were current, but processing was not complete i.e. FBI check was not cleared.
5) Late morning July 2nd: By requesting all available numbers from DOS and exhausting FY2007 quota, they forced DOS to revise the July bulletin, which was unprecedented.
6) July 5th and later: It is now post July-2nd, and USCIS still has cases for which they pre-requested numbers. Now the problem is that even if the FBI check comes through for those cases, they cannot approve them because technically, all numbers have been used up for FY 2007. So they start returning numbers to DOS. They also decide NOT the send the applications of people who filed on July 2nd or later back while they decide on the next course of action...
I think this will have major implications for both USCIS and DOS. The key for USCIS was to exhaust visa numbers on or before June 29th to achieve their obejective without repercussions...and force DOS to revise the bulletin in June itself...and they failed miserably at it.
And now they will have to pay. I know some people are thinking please let USCIS just sweep it under the carpet and just allow us to file our cases...no harm done. But I diasgree...what they have done is shameful. And they should be made to pay for playing with our lives. They should never be able to even think of doing something like this again. And their operations should have direct congress/DOS oversight so they cannot get away with snail-paced processing wasting visas ever again...
1) DOS releases July visa bulletin making all EB categories current (except for other workers)...hoping to force the USCIS to adjudicate cases and avoid wasting visa numbers as in previous years
2) This infuriates USCIS, and for whatever reasons (this has been debated enough already), they decide to use up all the FY2007 visa numbers in June itself and then force the DOS to revise the July bulletin in June itself...so no one can file in July.
3) Unfortunately, they run into issues going through with their plan of using up all visa numbers in June
4) July 1st and morning of July 2nd...they still are working frantically to use up the numbers to avoid new July filers. But by now, it is July already and they have failed in their original mission (see 2 above). Now they start panicking and do some dumb stuff (in violation of their own regulations). They approve I-485's of some folks who were ready for approval (processing complete and FBI check cleared), but whose dates were not current. They also pre-requested some numbers for folks whose dates were current, but processing was not complete i.e. FBI check was not cleared.
5) Late morning July 2nd: By requesting all available numbers from DOS and exhausting FY2007 quota, they forced DOS to revise the July bulletin, which was unprecedented.
6) July 5th and later: It is now post July-2nd, and USCIS still has cases for which they pre-requested numbers. Now the problem is that even if the FBI check comes through for those cases, they cannot approve them because technically, all numbers have been used up for FY 2007. So they start returning numbers to DOS. They also decide NOT the send the applications of people who filed on July 2nd or later back while they decide on the next course of action...
I think this will have major implications for both USCIS and DOS. The key for USCIS was to exhaust visa numbers on or before June 29th to achieve their obejective without repercussions...and force DOS to revise the bulletin in June itself...and they failed miserably at it.
And now they will have to pay. I know some people are thinking please let USCIS just sweep it under the carpet and just allow us to file our cases...no harm done. But I diasgree...what they have done is shameful. And they should be made to pay for playing with our lives. They should never be able to even think of doing something like this again. And their operations should have direct congress/DOS oversight so they cannot get away with snail-paced processing wasting visas ever again...
more...
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kaisersose
06-15 09:32 AM
definitely not the right time to buy ..if your kids are not about to go to school then next fall would be even better.
Not true for Texas. As the OP is in Houston, he is safe buying now.
Not true for Texas. As the OP is in Houston, he is safe buying now.
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gauravsh
07-20 10:50 AM
What is EB2-I please can you clarify. I am thinking EB2 is single entity.
its EB2-india
its EB2-india
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chanduv23
05-30 03:16 PM
Laws are not straightforward. They are bent, mended,amended etc... based on needs.
Current need is a Mexican population vote bank and American vote bank
Amnesty to Illegals - Mexican and latino immigrants love it - vote bank
Punishing h1b - Americans love it, Indians and other immigrants who already got GCs and citizenships love it as it reduces competition and kills it, so they love it - vote bank
Doing something for h1b - Latinos wont care, Americans wont like it, Industry will lose control over h1b if h1bs start getting GCs - no vote
Increasing h1b and allowing employers to show GC carrot - employers loveeee it
Punishing h1b severly - disaster for economy - so some relaxations will be made.
Overall - our lives will improve bit by bit due to efforts of organizations like IV etc...
Current need is a Mexican population vote bank and American vote bank
Amnesty to Illegals - Mexican and latino immigrants love it - vote bank
Punishing h1b - Americans love it, Indians and other immigrants who already got GCs and citizenships love it as it reduces competition and kills it, so they love it - vote bank
Doing something for h1b - Latinos wont care, Americans wont like it, Industry will lose control over h1b if h1bs start getting GCs - no vote
Increasing h1b and allowing employers to show GC carrot - employers loveeee it
Punishing h1b severly - disaster for economy - so some relaxations will be made.
Overall - our lives will improve bit by bit due to efforts of organizations like IV etc...
mhtanim
10-05 08:10 PM
So what you are saying is that INS and IRS systems are connected?
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
DDash
03-25 10:08 AM
H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending
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