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Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
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From 2006 this bill was introduced and discussed several times. We will wait and see what 2011 brings
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
Now, that's a good idea. How about Cutting Permanent Residency Delays.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
�It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
�It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
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Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
Can you please post the source of this information? I believe that all of AC21 is being repealed.
Can you please post the source of this information? I believe that all of AC21 is being repealed.
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Suman,
Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.
Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.
Just want to share my experience at the airport with visa valid till Oct'09 and I-797 valid till May'11 from different employer. Officer looked at my visa and asked me when are you planning to get visa stamped based on new I-797 and I replied that when I go out of country next time. He granted me I-94 valid based on I-797 date. Very smooth.
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Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
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you are right, this is still true. they write the counslate name which you attended last time for your F1 VISA interview. you can change that but again it takes time and money
In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.
In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.
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Has anyone came across a person who filed multiple h1b through different employers and one got selected and other
rejected in lottery? Pls share.
rejected in lottery? Pls share.
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I called the TSC IO a few times and finally it got cleared. Yes my PD is current and I wish the case gets assigned to some one soon.
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File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
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I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.
I am with the same employer.
I am with the same employer.
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I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
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If someone beats you up in the street corner because of racism, then come back here and tell everyone whether it is sexy or not. :D
If someone beats you up in the street corner because of racism, then come back here and tell everyone whether it is sexy or not. :D
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
Thanks.
What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?
Does 1 each serve the purpose?
With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)
What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?
Does 1 each serve the purpose?
With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)
