Berkeleybee
04-10 08:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
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grupak
06-12 09:48 AM
Keep us posted.
newuser
09-19 03:35 PM
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments. - I strongly object to the language used in your post. How can you say the IV members just went to get the autographs. If you were involved in any of the meetings with the lawmeekers, you would know the difference. Just don't come here for name sake and post whatever you want.
Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.
Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.
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reno_john
06-19 02:17 PM
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
Get a approval notice for I-140 and file I-485 urself, if I-140 not approved then get the receipt number and file urself
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
Get a approval notice for I-140 and file I-485 urself, if I-140 not approved then get the receipt number and file urself
more...
abd
04-04 02:24 PM
Sent both the faxes.
:)
:)
loudoggs
08-31 10:55 PM
Nice article....Thanks for sharing!!
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
more...
vghc
07-25 01:34 PM
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Couldn't be that bad, he still have time to post something here. :D
Couldn't be that bad, he still have time to post something here. :D
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mattresscoil
01-04 12:32 PM
How many days before expiry can one apply for
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
more...
kondur_007
06-10 04:17 PM
I 100% agree with you about visa capture...there is no way any of us will get GC without "spill over" from ROW category and that will happen if visa capture happens...
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
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kc_p21
02-25 06:15 PM
I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.
more...
angelfire76
01-03 02:31 PM
yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.
You have to compete with H4s on EAD (I might be generalizing here so apologies to anyone offended) you've got more serious issues than you have foreseen.
EAD is not a ticket to a high-paying job requiring a certain level of skill.
I feel this thread is going the way of a Programmer's guild forum in that "Now that I'm in the door, stop the offshoring" :D
You have to compete with H4s on EAD (I might be generalizing here so apologies to anyone offended) you've got more serious issues than you have foreseen.
EAD is not a ticket to a high-paying job requiring a certain level of skill.
I feel this thread is going the way of a Programmer's guild forum in that "Now that I'm in the door, stop the offshoring" :D
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ebizash
10-03 10:32 AM
Thats great! Sorry I have been down with Flu and that why could not reply to your earlier questions about LUD on 10/1. I have not received any LUDs since 9/29. Hopefuly I will see some action in next week or so.
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
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apb
09-01 05:06 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
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Ramba
08-07 06:10 PM
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.
more...
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arihant
06-20 02:38 PM
Logiclife,
I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?
TIA
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?
TIA
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
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singam
08-31 09:19 PM
According to my entrepreneur friend, people wait 12 times before trying a new product. So we have to keep calling and talking to our friends no less than 12 times .
more...
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xyzgc
10-23 03:09 PM
After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
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aspiration
06-24 05:01 PM
One more co-sponsor added for HR 5882.. from California's 5th district- Sacramento...
Now total 23-Co-sponsors for HR 5882
Rep Matsui, Doris O. [CA-5] - 6/23/2008
Now total 23-Co-sponsors for HR 5882
Rep Matsui, Doris O. [CA-5] - 6/23/2008
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NYC001
03-16 12:32 PM
http://abclocal.go.com/kgo/story?section=politics&id=3998727&ft=print
VMH_GC
07-10 08:16 PM
I think we should brought up this to indian government and use government powers to pressure CNN in india to take up this matter with Mr. Turner.
greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
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