jonty_11
09-25 12:01 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
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kaisersose
12-17 10:16 AM
This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.
USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
forgerator
10-22 04:43 PM
For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown)
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
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mahujam
07-29 03:13 PM
how did you find out ?
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gc_eb2_waiter
03-28 03:25 PM
This is really a great effort to bring all immigration related information under one roof.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
arukala
01-29 11:14 PM
Hi Friends,
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
more...
pappu
02-24 11:54 AM
If we force people to fill profile, they start filling fake details.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
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sam571
03-08 04:47 PM
Hey Tiger ,
are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...
Thanks....
are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...
Thanks....
more...
andy garcia
08-14 03:27 PM
Any cuban sets foot on US land is allowed to stay legally.
Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.
This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.
andy
Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.
This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.
andy
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desi3933
08-13 11:26 AM
USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.
It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]
It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]
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GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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REDS
01-01 12:29 AM
Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.
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greenleaf81
11-06 11:16 PM
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Thanks a lot WandMaker, really appreciate you giving me the link. Definitely looks like we can convert a case to Premium processing even after a RFE.
Thanks a lot WandMaker, really appreciate you giving me the link. Definitely looks like we can convert a case to Premium processing even after a RFE.
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franklin
06-15 04:02 PM
You don't HAVE an A# yet - it is the number you get on your greencard
The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
more...
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whitetiger0811
01-12 10:34 AM
AB1275, an update on your case? How did the MTR go??? Please provide more details and update.
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vgc
07-26 10:37 AM
SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT-BASED VISAS.
(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:
``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT-BASED VISAS.
(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:
``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
more...
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madhavig
04-04 05:37 PM
You and your spouse should go to the nearest IRS office with the new SSN and old ITIN letters. They can immediately make the updates in the system and you will receive the letter from IRS about invalidating the ITIN and replacing it with SSN.
Even if you do not have ITIN letter, you can still tell them but do take the SSN card and photo identity for any verification.
Even if you do not have ITIN letter, you can still tell them but do take the SSN card and photo identity for any verification.
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sc3
08-14 02:57 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Are you on H1? OR are you a PR or USC??
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Are you on H1? OR are you a PR or USC??
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smisachu
12-05 11:12 PM
I asked my attorney the following question. His reply is in caps:
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B
Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B
Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
new2perm
05-28 06:33 PM
I am a July 2007 filer and he expects an RFE for employment verification on my case.
nixstor
08-23 11:08 AM
First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
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