The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
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"thank you" looks a small word but it is the only word i have to convey my thanks.
fighters wont stop fighting until they win.
we are fighters.
fighters wont stop fighting until they win.
we are fighters.
How can you use I-140 from Company A and 485 from Company B. I think you can't do it.
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
485 is not based on any company....
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
485 is not based on any company....
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Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
as far as I know -
Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.
as far as I know -
Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.
I am planning a trip to India in late december. I went to the Hyderabad consulate website to see if I can get a appointment for my H-1B renewal for Dec/Jan09. I have read that the consulate would be functional in December but they have no system yet for taking appointments. I guess one more trip to Chennai! For this trip, I will enjoy the new Shamshabad airport.
I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
I appriciate your help.
Thank you
There are two options here:
1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS
2. Send the above documentation to USCIS.
The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
Good Luck.
I appriciate your help.
Thank you
There are two options here:
1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS
2. Send the above documentation to USCIS.
The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
Good Luck.
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the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
We never know what's going to happen our job nowadays. What if something happen to my job or if I changed the job on AC21 or my FP has been expired or my company is no more existing or my company's name has been changed or I moved for good from this country? If they preapprove my case now, still it is going to be valid after 3 years??
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
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My attorney filed my 485 AOS on July 11 and USCIS received it on July 12 (Texas Service Center).
Per my attorney all of the July applicants received their receipts except mine. I asked her to see if the check has been cashed and she is unable to confirm that. They think that they might have forgot to include a check (nost sure though). If thats the case, assuming my application gets rejected. Will I be able to refile with my PD not being correct.
What are my options. Please help. Thanks.
:mad:
Per my attorney all of the July applicants received their receipts except mine. I asked her to see if the check has been cashed and she is unable to confirm that. They think that they might have forgot to include a check (nost sure though). If thats the case, assuming my application gets rejected. Will I be able to refile with my PD not being correct.
What are my options. Please help. Thanks.
:mad:
Just as Robert Rector said yesterday that High Skill Immigration needs to be "encouraged", today we have Loo Dobbs shedding sympathy for legal immigrants like ourselves stuck in the backlog...
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
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I'm not trying to give you cause for concern, so please don't take my posting out of context.
Good luck and future success!!
Of course you are!
Good luck and future success!!
Of course you are!
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we just came back from india (June end) to SFO
At primary area the officer just saw AP, scanned passports, checked something in the computer and sent us to secondary area.
At secondary inspection just submitted APs(all copies),passport. After 45 mins they called us
returned the passport, I-94, and one original AP all stamped
If you are married and your wife is coming alone make sure she has all original copies of AP
We came from ahmedabad, and the immigration officer knew about AP so was smooth, but can be a real headache if airline guys are unaware of it (headache means time consuming).
hope this helps
At primary area the officer just saw AP, scanned passports, checked something in the computer and sent us to secondary area.
At secondary inspection just submitted APs(all copies),passport. After 45 mins they called us
returned the passport, I-94, and one original AP all stamped
If you are married and your wife is coming alone make sure she has all original copies of AP
We came from ahmedabad, and the immigration officer knew about AP so was smooth, but can be a real headache if airline guys are unaware of it (headache means time consuming).
hope this helps
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Threads: 2,478, Posts: 38,790, Members: 8,057, Active Members: 3,571
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Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I respectfully disagree with the statement that people who get interviewed are unlucky.
If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.
In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)
Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........
If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I respectfully disagree with the statement that people who get interviewed are unlucky.
If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.
In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)
Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........
If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.
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You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
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This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!
Peace..
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!
Peace..
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If it had 485 filing provision in it it would been wonderful. Shall we start sending email or call to Senator Chuck Hagel (R-NE) ?? What is IV's take on this ?
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Is there a chance India EB2 retrogresses to 2002 ?
Nope. Unless it has some Technology concentration.
Friends / Gurus,
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
