PD_Dec2002
07-22 10:10 PM
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
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blacktongue
01-26 03:30 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
US needs EB1 and Ph.Ds
Others not contribute as much
US needs EB1 and Ph.Ds
Others not contribute as much
FinalGC
02-17 09:20 PM
I believe the spillover will come from ROW EB3
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rbalaji5
03-19 12:52 PM
Friends,
I heard that,
Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review
Is it True ?.
I heard that,
Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review
Is it True ?.
more...
permfiling
01-18 10:47 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
ddanait
02-11 01:03 PM
How does one access donor forum? I ahve donated some sum and I am a registered member
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coopheal
03-06 05:13 PM
My filing date is July 2nd and notice date is Aug 27th.
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atlfp
04-17 09:50 AM
I think you are confusing it with administrative laws. Legislator makes laws, but they also give power to different government agencies to make laws within their administrative authority. Laws made by legislator go into effect as soon as the president signs it; Laws made by administrative agencies need to go into the whole federal register and other procedures.
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
more...
Wendyzhu77
05-21 05:07 PM
This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
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ak_manu
07-23 03:15 PM
The way EB2 is progressing now, it looks like you might get your GC in a year or two. I would definitely recommend staying with current company. Once you have GC you can choose any job you want and earn more too:-). Also, it might help you spouse with tution and job (in case no one sponsers H1). So, I would think patience is the Key.
If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.
Makes sense??
If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.
Makes sense??
more...
sledge_hammer
05-15 02:18 PM
At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.
Any thoughts?
Any thoughts?
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senk1s
09-25 08:30 PM
at this juncture quota-exempt organizations looks like the most feasible option
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illinois_alum
06-06 04:58 AM
See responses in red below. Guys...I don't understand why there's so much of confusion. How is it that you can't figure out what the manner of your last entry was??? If you used H1 then it has to be H1, if you used AP then has to be PAROLEE! In any case, this is stamped on your I-94...just check there.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
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nav_kri
04-01 08:09 PM
Yes, the info is right
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
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kumargn
11-15 08:24 PM
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
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jkays94
04-17 10:37 PM
This is what I got to share with my friends from the site after I signed the petition :
Did You Hear What Happened in Washington?
Dear Friend,
As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.
Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.
I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?
http://www.tedkennedy.com/fightforfairness
I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.
Thank you!
Did You Hear What Happened in Washington?
Dear Friend,
As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.
Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.
I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?
http://www.tedkennedy.com/fightforfairness
I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.
Thank you!
more...
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jonty_11
02-20 05:38 PM
guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.
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chessboard
12-08 03:14 AM
congratulation to all winner... especially to winner who use the "stargate" background and put the text only...
nice contest.....
nice contest.....
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acecupid
06-25 11:29 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
sury
11-08 09:19 AM
Many thanks for the information
sree_99
02-01 08:09 PM
She is not using her EAD, She is enrolled fulltime in school.
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