fxok425
01-09 11:33 PM
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
Pankaj
08-15 01:24 PM
My understanding is:
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
mmanurker
09-04 10:56 AM
My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
willwin
03-22 05:05 PM
This PWD has easily become another "major" process in the very long, frustrating GC journey.
PWD-LC-I140-AOS!!!
Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.
PWD-LC-I140-AOS!!!
Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.
more...
msadiqali
06-19 06:39 PM
http://informationclearinghouse.info/article22856.htm
indianabacklog
08-16 02:53 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
more...
shivarajan
03-17 08:00 PM
EAD etc. are only supplementing documentation which the underwriting agency may or may not look. The real thingy is ur cashdown, credit score (time of accounts in good standing) & W2's. We went with ING with absolutely no problems whatsoever (yes the market was not good at that time) and got a better interest rate with no questions asked (ead, gc etc.), we both ver in h1's when v applied!
Vsach
10-06 10:49 AM
Dear All.
I have a couple of queries and would appreciate your guidance in the matter.
-I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.
-Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)
Regards
I have a couple of queries and would appreciate your guidance in the matter.
-I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.
-Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)
Regards
more...
Jaime
02-03 04:56 PM
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
eb3_nepa
05-02 04:07 PM
At this rate Aman is soon gonna become a Senator or a Congressman :) ;)
more...
purgan
09-14 08:26 PM
Its coming around to that time of the year again... an article on the (ultimately unsuccessful) effort to raise the H-1B/EB cap last year. This refers to the infamous S. 1932 bill
Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)
What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.
Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!
========
Budget bill would boost green cards
By Stephen Dinan
THE WASHINGTON TIMES
October 31, 2005
The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
"We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
"These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
"We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
"We're going to need every Republican we can get to pass it," he said.
The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
"Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.
Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)
What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.
Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!
========
Budget bill would boost green cards
By Stephen Dinan
THE WASHINGTON TIMES
October 31, 2005
The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
"We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
"These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
"We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
"We're going to need every Republican we can get to pass it," he said.
The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
"Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.
gcisadawg
05-05 04:07 PM
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
more...
anandrajesh
04-07 11:40 PM
I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Dont worry about it. Enjoy your cruise trip.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Dont worry about it. Enjoy your cruise trip.
johnnymore
03-18 04:12 PM
Wow, thanks so much for the fast responses. You can see how confused I am....I was in the wrong forum. Thank you for the heads-up and the redirection to the proper forums.
Much appreciated!!
Johnny
Much appreciated!!
Johnny
more...
Canadian_Dream
09-25 12:41 PM
A real life example of libel lawsuit:
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996
sapota
10-18 05:49 PM
DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
more...
iv_newbie_2007
09-17 11:28 AM
Many people here believe that if a person on H4 has an approved H-1B w/ COS from Oct 1, and that person does not really work starting from Oct 1, then he/she falls out-of-status. In our case, my wife is on H4 currently and I am on H-1B, and both of us have AOS/EAD pending.
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
Anders �stberg
March 4th, 2004, 02:00 AM
Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.
I don't think they do here any more either, this is an older building so building standards were a bit different.
I'm not very good with heights, so it's "interesting" to shoot this. :)
I don't think they do here any more either, this is an older building so building standards were a bit different.
I'm not very good with heights, so it's "interesting" to shoot this. :)
gconmymind
10-04 05:43 PM
I live near Ahmedabad so I ask my parents to travel to Ahmedabad and submit it at Ahmedabad VFS office. VFS has offices in certain cities (lookup the website) and will accept your papers there. I hate the fact that you cannot directly mail your papers to the Mumbai consulate from USA. If your family is in Mumbai, they should be able to submit it in person to VFS.
VFS also has an email address on their website if you want to ask them questions. They are pretty good at responding.
So can I submit the docs through my family .. now and just go for the final interview?
This way I can go to the embassy the day I land in Mumbai.
VFS also has an email address on their website if you want to ask them questions. They are pretty good at responding.
So can I submit the docs through my family .. now and just go for the final interview?
This way I can go to the embassy the day I land in Mumbai.
sanjay02
08-04 02:38 PM
Guys
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
bigtime007
06-26 01:41 PM
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
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