simple1
05-01 03:14 PM
exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
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nuke
10-23 02:41 PM
FYI Lame duck session is going to start on Nov 9th.
Dhundhun
02-05 07:01 PM
Just a correction - as I remember. 3 Yr in past 4 years for Citizenship
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bluesky1
10-11 02:36 PM
Here's more information. I only got the receipt numbers. The package arrived at NSC on 7/3 and recieved by R. Williams at 9:03am. My I-140 was approved at TSC last year. I live in NSC area. Receipt numbers started with LIN, so the cases were not transferred to TSC. I hope this means that they're processing the box for 9:03 on 7/3.
Congrats bluesky1!!!
Can you tell us more about your application like RN on receipt? TSC or NSC?
Congrats bluesky1!!!
Can you tell us more about your application like RN on receipt? TSC or NSC?
more...
jkays94
06-26 02:02 PM
Unfortunately no community is safe from that irrational attacks of racism!
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
greatzolin
08-17 07:04 PM
The only way to know if you case got transfered is by the RN? or if the checks have the number on the back?
Txs
Txs
more...
belmontboy
09-24 01:08 PM
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
Thanks for your "sincere" concern.
There is no abuse in porting, don't worry about it.
Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .
Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
Thanks for your "sincere" concern.
There is no abuse in porting, don't worry about it.
Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .
Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!
2010 People Also Love:
tonyHK12
02-17 11:40 AM
"Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
tonyHK12: another similar comment I see is - IV hasn't achieved anything in 2 months, so I'll quit IV and won't donate
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
People carry such mindsets, it is difficult to bring about awareness and change.
tonyHK12: another similar comment I see is - IV hasn't achieved anything in 2 months, so I'll quit IV and won't donate
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
more...
sledge_hammer
07-08 11:45 AM
I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
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mahujam
08-05 09:57 AM
These guys are not consistent. I should have gotten a 2 year EAD.
Dunno who to take this up with.
Dunno who to take this up with.
more...
mrajatish
05-02 11:37 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
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senthil1
06-23 03:04 PM
Predictions of the bill
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
more...
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vinnysuru
03-05 05:00 PM
OK gurus need your help with this!
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
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dval_dpal
09-10 08:51 AM
Eb3-I would move much slower then snail's pace.
My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(
god knows how many years...but one thing i'm sure for my GC will come after 12 Years ...
My son is 6 years old on this 12th Sep 2009 and he will file for my GC at the age of 18...
till then no worry ...enjoy with kids....
thanks
PD: EB3 India June 2004.
My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(
god knows how many years...but one thing i'm sure for my GC will come after 12 Years ...
My son is 6 years old on this 12th Sep 2009 and he will file for my GC at the age of 18...
till then no worry ...enjoy with kids....
thanks
PD: EB3 India June 2004.
more...
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gc_on_demand
05-01 12:10 PM
gc_on_demand ,
I am not anti at all. I am trying to understand the law.
How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
Wont they have problem when the dates become current and GC is issued to primary.
Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.
Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.
I am not anti at all. I am trying to understand the law.
How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
Wont they have problem when the dates become current and GC is issued to primary.
Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.
Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.
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vinabath
03-26 11:37 AM
Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
more...
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rdehar
04-30 01:00 PM
Are we going to see the bulletin move to 2002,2003,2004,2005 ? in the next year .. wow its backed up 7 yrs..
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
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nehas
01-29 05:03 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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tonyHK12
02-11 10:05 AM
...by donating $100! Now, its your turn...
GO IV!!
thanks mantagon!
I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!
This is a manual approval. please send details provided o the previous page:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-4.html#post2343160
Cheers! yes ivcoordinator is generally very busy
GO IV!!
thanks mantagon!
I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!
This is a manual approval. please send details provided o the previous page:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-4.html#post2343160
Cheers! yes ivcoordinator is generally very busy
SGP
02-18 05:46 PM
Just did a small bit by contributing $50. Receipt number for this payment is: 2601-6131-2153-7368. Just started up with a new company so cannot guarantee my presence, but will try my best to make it to DC.
__________________
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
__________________
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
kdprasad
08-13 08:01 PM
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
Did the checks got cashed. ???
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
Did the checks got cashed. ???
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