krishmunn
04-18 05:55 PM
Way to go JimyTomy.
For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.
Many in IV will know that I have never opposed legal porting. However, I disagree that this is a way to get out of the mess. There is a fixed total number of Visa available. Per current rule this first comes to EB2 and is consumed completely leaving nothing for EB 3. If all (or majority) EB 3 moves to EB 2, the chocking will be in EB2 . So the "mess" just shifts its position.
The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number
For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.
Many in IV will know that I have never opposed legal porting. However, I disagree that this is a way to get out of the mess. There is a fixed total number of Visa available. Per current rule this first comes to EB2 and is consumed completely leaving nothing for EB 3. If all (or majority) EB 3 moves to EB 2, the chocking will be in EB2 . So the "mess" just shifts its position.
The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number
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aadimanav
10-16 12:57 PM
How do I find out that I am "suffering" from namecheck? :confused:
PD: EB3 --> April 2004 --> India
I-140 Approved.
I-485 Received on July 2, 2007
Fingerprinting --> DONE
EAD --> RECEIVED
PD: EB3 --> April 2004 --> India
I-140 Approved.
I-485 Received on July 2, 2007
Fingerprinting --> DONE
EAD --> RECEIVED
kasanski33
06-13 08:02 PM
Anybody got any idea on my situation?
Deba I am in the same boat as you.....Did not get very clear information till date. But what I have heard is you can travel on AP, get married as long as you have "a" H1-B stamp even if its expired in your passport it should be OK for your wife to apply for H-4 using the latest I 797 approval notice.
To be on the safe side though I am personally considering going for stamping as I dont have much time to wait for an AP as my PD is July 02 and I feel I might get my GC real soon :-)
Deba I am in the same boat as you.....Did not get very clear information till date. But what I have heard is you can travel on AP, get married as long as you have "a" H1-B stamp even if its expired in your passport it should be OK for your wife to apply for H-4 using the latest I 797 approval notice.
To be on the safe side though I am personally considering going for stamping as I dont have much time to wait for an AP as my PD is July 02 and I feel I might get my GC real soon :-)
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indianindian2006
04-16 10:36 AM
On March 30 I had a soft LUD on my 485 and then on Apr9 my attorney recd an RFE.in my case the RFE went only to the attorney.
Hi all,
Due to system glitches, cud a soft LUD mean that it cud still have triggered an RFE to the attorney?
Also, when therez an RFE will the mail just go to the attny or to the applicant as well (if the applicant has signed G-28)?
Bottomline, is it a good idea to check with the attny if there were any RFEs?
Pls lemme know...
Thanx,
Buddy
Hi all,
Due to system glitches, cud a soft LUD mean that it cud still have triggered an RFE to the attorney?
Also, when therez an RFE will the mail just go to the attny or to the applicant as well (if the applicant has signed G-28)?
Bottomline, is it a good idea to check with the attny if there were any RFEs?
Pls lemme know...
Thanx,
Buddy
more...
pljanakiram
09-23 09:09 PM
IV - elephant. Who are the dogs here?
raj2007
06-15 01:00 AM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
more...
immitul
07-17 02:42 PM
Great Job...Signed it.
2010 2005 Dodge Grand Caravan.
indyanguy
11-07 02:25 PM
I am bumping this old thread since I might have missed something in this discussion.
Some advantages of staying on H1 stated earlier were:
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
For me:
(2) is invalid (Already married, wife on independent visa)
(3) don't know (Heard it's more flexible now, so willing to take this risk)
(4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
(5) is invalid (Most of us renew EADs even if we dont use them)
which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?
Thanks!
Some advantages of staying on H1 stated earlier were:
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
For me:
(2) is invalid (Already married, wife on independent visa)
(3) don't know (Heard it's more flexible now, so willing to take this risk)
(4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
(5) is invalid (Most of us renew EADs even if we dont use them)
which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?
Thanks!
more...
svkrishna
01-31 09:05 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
We did not get any yellow slip. We were told that we will get VISAs within a week. But we are still waiting to get them.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
We did not get any yellow slip. We were told that we will get VISAs within a week. But we are still waiting to get them.
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sri1309
01-13 09:14 AM
I had signed in but don't know how to vote. The link you mention below does not work either.
No more chance to vote. But you can submit your ideas.
Dear Pappu,
I wish next time when the window opens for voting, can you please hIGHLIGHT it on the site, so that people who login, can immediately go and vote. Else these guys have time to spend on why airindia sucks, or palestine, or stocks in this site, but not for something more impo.
I could know only when I checked some post, else even I would have missed it.
No more chance to vote. But you can submit your ideas.
Dear Pappu,
I wish next time when the window opens for voting, can you please hIGHLIGHT it on the site, so that people who login, can immediately go and vote. Else these guys have time to spend on why airindia sucks, or palestine, or stocks in this site, but not for something more impo.
I could know only when I checked some post, else even I would have missed it.
more...
vejella
07-11 09:47 AM
Guys,
Any Idea when we can come to know if the rumor is true or not ....
If this happens then a BIG gain for us and Some companies may even get washed out :)
Any Idea when we can come to know if the rumor is true or not ....
If this happens then a BIG gain for us and Some companies may even get washed out :)
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bugsbunny
03-29 04:50 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)
As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.
There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.
Please read the following articles for information on the H1B process
MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)
MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)
MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)
As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.
There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.
Please read the following articles for information on the H1B process
MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)
MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)
MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)
more...
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arkrish68
01-17 12:03 PM
Though I am not affected, but count on me
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cardamon
09-14 10:23 PM
I am with you guys!
Let's add a lline for spouses - I mean granting EAD for them as well, on I-140 approval.
Let's add a lline for spouses - I mean granting EAD for them as well, on I-140 approval.
more...
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DCQC
07-18 02:11 PM
Hi Folks,
I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?
I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?
Appreciate your response. thanks!
I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?
I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?
Appreciate your response. thanks!
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Cheran
08-20 09:32 AM
Man, that was good. I am 33 and I have been here 10 years, So I guess I am not far behind.
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
more...
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coolman
08-12 09:48 AM
My parents are visiting us for 3 months.My mother is 66 and father 70.They have got complete checkup done in India and are in good health.I was looking for a fixed coverage for them just in case of any emergencies.Which one do you recommend ? Does anyone have experience using insurance and getting claims with no hassle.
Thanks
Thanks
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trueguy
08-27 12:48 PM
It cann't be EB3-ROW. EB3-ROW should start somewhere in 2006 hopefully.
Here is EB3 PD movement for FY 2008:
Month EB3-I EB3-ROW
Sep'2008 Unavailable Unavailable
Aug'2008 Unavailable Unavailable
Jul'2008 Unavailable Unavailable
Jun'2008 Nov01'2001 Mar01'2006
May'2008 Nov01'2001 Mar01'2006
Apr'2008 Oct01'2001 Jul01'2005
Mar'2008 Aug01'2001 Jan01'2005
Feb'2008 May08'2001 Nov01'2002
Jan'2008 May01'2001 Oct15'2002
Dec'07 May01'2001 Sep01'2002
Nov'07 Apr'22'2001 Aug01'2002
Oct'07 Apr'22'2001 Aug01'2002
Here is EB3 PD movement for FY 2008:
Month EB3-I EB3-ROW
Sep'2008 Unavailable Unavailable
Aug'2008 Unavailable Unavailable
Jul'2008 Unavailable Unavailable
Jun'2008 Nov01'2001 Mar01'2006
May'2008 Nov01'2001 Mar01'2006
Apr'2008 Oct01'2001 Jul01'2005
Mar'2008 Aug01'2001 Jan01'2005
Feb'2008 May08'2001 Nov01'2002
Jan'2008 May01'2001 Oct15'2002
Dec'07 May01'2001 Sep01'2002
Nov'07 Apr'22'2001 Aug01'2002
Oct'07 Apr'22'2001 Aug01'2002
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ajs4123
10-24 11:07 AM
I also got email from CRIS last night stating that my I-129 has been reopened.
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
praky
08-10 11:23 AM
Thanks gimme_gc2006.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
mirage
03-10 10:52 PM
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
This is my guess, This is how it could be distributed(I know it is a very vague guess)...
EB-3
10000 2001
15000 2002
15000 2003
15000 2004
10000 2005
5000 2006
5000 2007
5000 2008
EB-2
5000 2004
10000 2005
15000 2006
20000 2007
20000 2008
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
This is my guess, This is how it could be distributed(I know it is a very vague guess)...
EB-3
10000 2001
15000 2002
15000 2003
15000 2004
10000 2005
5000 2006
5000 2007
5000 2008
EB-2
5000 2004
10000 2005
15000 2006
20000 2007
20000 2008
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