asiehouston
07-16 01:45 PM
All cases filed in July will not be accepted for filing, but will be held by CIS, as evidence for the pending litigation, which could put those who were filed, or have been filing anyway during July, in a bad place -- their cases could be held for the duration of the litigation. Federal litigation can take a very long time, which is why I question anyone who advocates litigation in such a situation -- it can backfire quite easily, and cause a much longer delay than to just let the numbers retrogress and then get filed when the priority dates become current. This current situation is no different than any other sort of situation where you might think you have something, only don't wind up getting it, at least not when you thought you would. It seems bad advice, at least from my perspective so far, to advocate strongly about trying to force the government to allow filing, since there is apparently nothing they can give.
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sunnyg
07-17 09:00 PM
Thanks so much for your response. As we all know thats after after aug 17th the dates are no longer current say atleast till October(God knows what would happen then!). Having said that do you think its better to go ahead and apply for 485 for me alone as we can add AOS to spouse when dates are current.(I am just looking for a good advise.)
My only thought is can my 485 be approved when the dates are not current.
My only thought is can my 485 be approved when the dates are not current.
vinnysuru
08-29 10:27 AM
Talk to the doctor to whom you are going for your canadian medicals and ask them.
If they dont have any problems. Sometimes u need to persist with them.
Once they say YES, u r all set and iam sure u will be able to save money.
Please dont take me the wrong way, but if you save then definitely think about contributing to IV.
Its for YOU.
Yes, my friend, I already contribute to IV. I have done it in the past and will keep doing so in the future. I know this is for a great cause. I totally support it.
If they dont have any problems. Sometimes u need to persist with them.
Once they say YES, u r all set and iam sure u will be able to save money.
Please dont take me the wrong way, but if you save then definitely think about contributing to IV.
Its for YOU.
Yes, my friend, I already contribute to IV. I have done it in the past and will keep doing so in the future. I know this is for a great cause. I totally support it.
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140jibjab
01-07 04:45 PM
So Did you feel somebody handed u a virtual Green card in 3D? ;)
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unitednations
03-16 12:25 AM
My Wife has similar situation as you. We came back to US in Dec 2008 using AP. Her H1B is valid upto Jan 2011. However she got I-94 issued valid upto Dec 2009.
I checked with famous attorney and he said the following 3 options:
1. Apply EAD and convert to 485 Pending status after Dec 2009.
2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.
3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.
Hope this helps
Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.
USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.
If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.
#3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.
The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.
Most recent example was this:
Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.
Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.
Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.
She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.
Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.
It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).
There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.
I checked with famous attorney and he said the following 3 options:
1. Apply EAD and convert to 485 Pending status after Dec 2009.
2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.
3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.
Hope this helps
Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.
USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.
If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.
#3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.
The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.
Most recent example was this:
Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.
Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.
Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.
She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.
Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.
It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).
There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.
designserve
02-02 03:43 PM
The attached SFgate article can show the full implications!!
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gc_on_demand
01-08 02:38 PM
Hello Guys,
My question is, does this bill contain a recapture visa bill? And if this bill moves fast to become law, will it be implemented right away? I hope we don't have to wait another year for the law to be put in to use.
Please advise.
They are just placeholder as of now. Wait for actul text to come. Even it may changed during hearing in sub and full commitee. Also on house floor too.
But as every one is positive, there will be some kind of relief for us. Dont know how. They may scrap EB system ( again not good for us who is in line but may be good for new applicants ) . OR recapture ( good for us and new one ). Most of discussion will be on illegal immigrants as it happend in past two CIR. We need to make sure they dont limit visas for us for shake of illegals.
My question is, does this bill contain a recapture visa bill? And if this bill moves fast to become law, will it be implemented right away? I hope we don't have to wait another year for the law to be put in to use.
Please advise.
They are just placeholder as of now. Wait for actul text to come. Even it may changed during hearing in sub and full commitee. Also on house floor too.
But as every one is positive, there will be some kind of relief for us. Dont know how. They may scrap EB system ( again not good for us who is in line but may be good for new applicants ) . OR recapture ( good for us and new one ). Most of discussion will be on illegal immigrants as it happend in past two CIR. We need to make sure they dont limit visas for us for shake of illegals.
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belmontboy
02-25 11:17 PM
Hello Everyone,
I am new on this forum and was wondering if someone can shed some light on my situation. I have been waiting for a decision on my I-601 and I-212 petitions filed with the Vermont Service Center in Sept 2006. After two and a half years, on Feburary 23 at 10:30am in the morning, much to my delight I recieved two e-mails from CRIS stating that an approval notice has been sent. I check the case status on line and it stated the same thing, Approval Notice Sent. I was on cloud nice all day long.
However, the very next day I fell out of my chair when I got two more e-mails from CRIS generated on Feb 24 at 5:45am in the morning stating that denial notice has been sent for I-601 and I-212. I could not believe what I was seeing. I called USCIS customer service right away and was transfered to second level support who pretty much read off the denial notice sent message. I explained that I had recieved two approval e-mails from CRIS and the case status also showed that approval notices have been sent (luckily I made a pdf of the USCIS online status screen showing the approval). Anyhow, customer service was of no help. Now I am waiting to see what I physcially get in the mail. Nonetheless, I am so devasted and broken. Why approve the case and in less then 24 hours send a denial e-mail.
Can someone please advise?
Could you share more info, specifically what was your case, and why did u file waiver for inadmissibility?
I am new on this forum and was wondering if someone can shed some light on my situation. I have been waiting for a decision on my I-601 and I-212 petitions filed with the Vermont Service Center in Sept 2006. After two and a half years, on Feburary 23 at 10:30am in the morning, much to my delight I recieved two e-mails from CRIS stating that an approval notice has been sent. I check the case status on line and it stated the same thing, Approval Notice Sent. I was on cloud nice all day long.
However, the very next day I fell out of my chair when I got two more e-mails from CRIS generated on Feb 24 at 5:45am in the morning stating that denial notice has been sent for I-601 and I-212. I could not believe what I was seeing. I called USCIS customer service right away and was transfered to second level support who pretty much read off the denial notice sent message. I explained that I had recieved two approval e-mails from CRIS and the case status also showed that approval notices have been sent (luckily I made a pdf of the USCIS online status screen showing the approval). Anyhow, customer service was of no help. Now I am waiting to see what I physcially get in the mail. Nonetheless, I am so devasted and broken. Why approve the case and in less then 24 hours send a denial e-mail.
Can someone please advise?
Could you share more info, specifically what was your case, and why did u file waiver for inadmissibility?
more...
hsingh82
03-05 01:19 PM
But if they are asking this even for H1 B extension???
You think the client is going to give the letter.... Going to india for visa extn. looks grimmy....
Looks like they are asking for all these documents for extension too.
If you were previously employed in the United States, copies of all pay slips and monthly bank statements for the time you were employed.
ALL PAY SLIPS??? wow!
You think the client is going to give the letter.... Going to india for visa extn. looks grimmy....
Looks like they are asking for all these documents for extension too.
If you were previously employed in the United States, copies of all pay slips and monthly bank statements for the time you were employed.
ALL PAY SLIPS??? wow!
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srikondoji
10-15 05:31 PM
Now come on donate the money.
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nagio
06-01 04:39 PM
I am in.
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jungalee43
05-25 05:15 AM
Fax 16 Sent
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h1techSlave
07-17 09:56 PM
Hi,
I applied for I-140 with Labor Substitution last week with priority date November 2004 under EB2 category. I beleive I am eligible to file I-485 now. My wife is currently out of USA. I want to know what are the ramifications if I chose not to file I-485 now.
Priority date for EB2 category for India in June was April, 2004. Under ordinary circumstances I was expecting my priority date to be current with in next 1 year. If I chose not to file my I-485 now how long it might take before my priority date becomes current again. Would all the people who file for I-485 now be in front me in the queue? Will that mean all those who apply now have to get their green cards before I can apply for I-485? Or is it that they will get their EADs, but my priority data wont retrogress badly it will become current again in next 1-1/12 years?
Thank you very much for you advice,
MSR
The risk is not just retrogression and a few years wait. If you spend some time in an anti-immigration web site such as numbers usa, I am sure you would not waste another second in filing our 485. According to their site, their membership practically doubled to 500,000 in a matter of 2-3 months. When the law makers were discussing the skill bill, they might have received a few phone calls from people like us. But anti-immigrants practically brought the system down with their flood of calls.
Every country including the US is slowly closing their gates to immigration. With every passing day, immigration becomes tougher.
So, if you are planning to immigrate to the US, this is one of the golden opportunity.
Cheers,
h1techSlave
I applied for I-140 with Labor Substitution last week with priority date November 2004 under EB2 category. I beleive I am eligible to file I-485 now. My wife is currently out of USA. I want to know what are the ramifications if I chose not to file I-485 now.
Priority date for EB2 category for India in June was April, 2004. Under ordinary circumstances I was expecting my priority date to be current with in next 1 year. If I chose not to file my I-485 now how long it might take before my priority date becomes current again. Would all the people who file for I-485 now be in front me in the queue? Will that mean all those who apply now have to get their green cards before I can apply for I-485? Or is it that they will get their EADs, but my priority data wont retrogress badly it will become current again in next 1-1/12 years?
Thank you very much for you advice,
MSR
The risk is not just retrogression and a few years wait. If you spend some time in an anti-immigration web site such as numbers usa, I am sure you would not waste another second in filing our 485. According to their site, their membership practically doubled to 500,000 in a matter of 2-3 months. When the law makers were discussing the skill bill, they might have received a few phone calls from people like us. But anti-immigrants practically brought the system down with their flood of calls.
Every country including the US is slowly closing their gates to immigration. With every passing day, immigration becomes tougher.
So, if you are planning to immigrate to the US, this is one of the golden opportunity.
Cheers,
h1techSlave
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pappu
04-16 01:35 PM
A lawyer may answer a couple of questions and secure permanent banner ad. How do we determine that a lawyer is actively answering our questions? Can we assign points to each answer and show banner based on the points earned?
The number of 'thank you' a lawyer receives will determine the time of display of banner ad.
The number of 'thank you' a lawyer receives will determine the time of display of banner ad.
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HereIComeGC
04-21 02:37 PM
Are these processing dates effective right away or from May 1st (Like the VISA bulletin)?
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continuedProgress
08-21 08:19 PM
As I told already, I along with my family members entered us at least thrice and still renewed our H1B/H4 without any issues. I am informing this forum regarding my personal experience, which I encountered during this process.
Please get appropriate advice from your attorney and act accordingly as situation varies from case to case.
Thanks
nlssubbu,
Can you please elaborate on EAD usage. Specifically, With H1B employer only/with another employer in addition to H1B employer etc.
I am assuming you entered using AP.
Thanks
Please get appropriate advice from your attorney and act accordingly as situation varies from case to case.
Thanks
nlssubbu,
Can you please elaborate on EAD usage. Specifically, With H1B employer only/with another employer in addition to H1B employer etc.
I am assuming you entered using AP.
Thanks
more...
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Dhundhun
12-14 05:47 PM
Source http://www.eurofound.europa.eu/eiro/2005/07/study/tn0507101s.htm
Belgium Monthly EUR 1,210
Bulgaria Hourly BGN 0.71 (EUR 0.36)
Monthly BGN 120 (EUR 61.43)
Czech Republic Hourly CZK 39.60 (EUR 1.24)
Monthly CZK 6,700 (EUR 210.09)
Estonia Hourly EEK 14.60 (EUR 0.93)
Monthly EEK 2,480 (EUR 158.50)
France Hourly EUR 7.61**
Monthly EUR 1,286.09**
Greece Daily EUR 25.01
Monthly EUR 559.98
Hungary Hourly HUF 305.00 (EUR 1.21)
Daily HUF 2,440 (EUR 9.70)
Weekly HUF 12,000 (EUR 47.68)
Monthly HUF 53,000 (EUR 210.60)
Ireland Hourly EUR 7.00
Latvia Hourly LVL 0.474 (EUR 0.71)
Monthly LVL 80 (EUR 120.26)
Lithuania Hourly LTL 2.95 (EUR 0.85)
Monthly LTL 500 (EUR 144.81)
Malta Weekly MTL 53.88 (EUR 125.89)
Netherlands Monthly EUR 1,264.80
Poland Monthly PLN 860 (EUR 189.98)
Romania Hourly ROL 16,342.44 (EUR 0.40)
Monthly ROL 2,800,000 (EUR 69.12)
Slovakia Hourly SKK 37.40 (EUR 0.93)
Monthly SKK 6,500 (EUR 162.41)
Slovenia Monthly SIT 117,500 (EUR 491.45)
Spain Daily EUR 16.36
Monthly EUR 490.80
UK Hourly GBP 4.85 (EUR 7.14)
Belgium Monthly EUR 1,210
Bulgaria Hourly BGN 0.71 (EUR 0.36)
Monthly BGN 120 (EUR 61.43)
Czech Republic Hourly CZK 39.60 (EUR 1.24)
Monthly CZK 6,700 (EUR 210.09)
Estonia Hourly EEK 14.60 (EUR 0.93)
Monthly EEK 2,480 (EUR 158.50)
France Hourly EUR 7.61**
Monthly EUR 1,286.09**
Greece Daily EUR 25.01
Monthly EUR 559.98
Hungary Hourly HUF 305.00 (EUR 1.21)
Daily HUF 2,440 (EUR 9.70)
Weekly HUF 12,000 (EUR 47.68)
Monthly HUF 53,000 (EUR 210.60)
Ireland Hourly EUR 7.00
Latvia Hourly LVL 0.474 (EUR 0.71)
Monthly LVL 80 (EUR 120.26)
Lithuania Hourly LTL 2.95 (EUR 0.85)
Monthly LTL 500 (EUR 144.81)
Malta Weekly MTL 53.88 (EUR 125.89)
Netherlands Monthly EUR 1,264.80
Poland Monthly PLN 860 (EUR 189.98)
Romania Hourly ROL 16,342.44 (EUR 0.40)
Monthly ROL 2,800,000 (EUR 69.12)
Slovakia Hourly SKK 37.40 (EUR 0.93)
Monthly SKK 6,500 (EUR 162.41)
Slovenia Monthly SIT 117,500 (EUR 491.45)
Spain Daily EUR 16.36
Monthly EUR 490.80
UK Hourly GBP 4.85 (EUR 7.14)
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j751
11-15 07:12 PM
My I-140 is pending in Nebraska service center and the PD is July 28 2007. How long does it take for I-140 to approve/disapprove/RFE?
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plassey
08-21 01:34 PM
Anyone whose 485 was received by B. GERKENMEYERS on July 2nd and have recived notice or checks cashed, please show ur hands?
My application reached on 11:34 AM
My application reached on 11:34 AM
a_to_z_gc
06-05 05:42 PM
That's not a good sign. Looks like instead of processing the Labor, they have now adopted to torment people by asking their credentials...
God help us...
Philli
God help us...
Philli
ArunAntonio
11-22 06:56 PM
I will sponsor the last table. I shall contact logiclife regards this.
-- goodluck.
-- goodluck.
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