Do you have a question for IV?
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
2)How long I485 will take to process after becoming current priority date
Pls post your answers below
TEXAS---
NEBRASAKA----
Thanks
slns
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
2)How long I485 will take to process after becoming current priority date
Pls post your answers below
TEXAS---
NEBRASAKA----
Thanks
slns
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i ave been advocating that each section must be moderated... and ppl with incomplete info must not have access to
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.
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Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
At what point of GC process you don't need your lawyer anymore? Is it true that after filing I-485, and if everything is smooth with ur case, you don't need lawyer.
One more question, at 485 stage , if there is RFE/NOF, does USCIS inform you or your Lawyer?
One more question, at 485 stage , if there is RFE/NOF, does USCIS inform you or your Lawyer?
Dang I went to class and get back now "Find Hidden Word" jumped up 3 votes. :trout:
At least I'm not tied for 4th anymore.
At least I'm not tied for 4th anymore.
I am from IL.
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Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
Search for FMLA over the web,
Here is one link
http://www.dol.gov/esa/whd/fmla/
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
Search for FMLA over the web,
Here is one link
http://www.dol.gov/esa/whd/fmla/
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You are right leo.
My question is - is quantity all that matters? We need lots of people to participate, but at the same time, I believe that people need to agree with IV provisions too, to be a passionate representative in lawmaker meetings. If the person is thinking twice to register (for free, and believes that registration will help IV), how dedicated and passionate will he be in articulating the IV provisions?
I would prefer to have quality of members over quantity of members. (I am only talking about dedication of members). Am I being judgmental? Maybe I am. But I believe my logic is right. You see, the person who does not want to register is also being judgmental, unapologetic, and he probably believes in his logic. He is entitled to his opinion (as I am), however, IV should not sacrifice its integrity to get members who do not believe in it.
Accommodating people who cannot extend the same courtesy to an organization working for their own benefit?
If people who are affected by 485 prefiling , or want to participate in the advocacy efforts, they can think in:
There is an org that is working on this issue, it will benefit me, I don't know much about it, let me find out more and see if I can help.
There is an org that is working on this issue, it will benefit me, I don't know much about it, I don't think it is possible to get the job done, I don't want to spend my time on it, I will stay away from it.
There is an org that is working on this issue, it will benefit me, I don't know much about it, I don't think it is possible to get the job done, I will spend the time to sabotage it.
You can only work with group #1.
My question is - is quantity all that matters? We need lots of people to participate, but at the same time, I believe that people need to agree with IV provisions too, to be a passionate representative in lawmaker meetings. If the person is thinking twice to register (for free, and believes that registration will help IV), how dedicated and passionate will he be in articulating the IV provisions?
I would prefer to have quality of members over quantity of members. (I am only talking about dedication of members). Am I being judgmental? Maybe I am. But I believe my logic is right. You see, the person who does not want to register is also being judgmental, unapologetic, and he probably believes in his logic. He is entitled to his opinion (as I am), however, IV should not sacrifice its integrity to get members who do not believe in it.
Accommodating people who cannot extend the same courtesy to an organization working for their own benefit?
If people who are affected by 485 prefiling , or want to participate in the advocacy efforts, they can think in:
There is an org that is working on this issue, it will benefit me, I don't know much about it, let me find out more and see if I can help.
There is an org that is working on this issue, it will benefit me, I don't know much about it, I don't think it is possible to get the job done, I don't want to spend my time on it, I will stay away from it.
There is an org that is working on this issue, it will benefit me, I don't know much about it, I don't think it is possible to get the job done, I will spend the time to sabotage it.
You can only work with group #1.
It certainly seems like the RFE rate for supportive evidence has increased recently. Certainly for the 140 cases but also for other petitions as well. I had never received an RFE before, but recently got 2 for different petitions. An RFE always makes you a little antsy no matter how routine it is.
We are also hearing about PERM audits higher and denials also more frequently.
So far the RFEs seem to be for the common issues, like ability to pay, education qualifications etc.
It might be a good idea for someone to compile a list of typical RFEs at various stages. The rest of us can start adding for the benefit of those who get one in the future. In fact it might have been done already. I remember Logiclife putting something together during that 485 filing time in July/Aug.
We are also hearing about PERM audits higher and denials also more frequently.
So far the RFEs seem to be for the common issues, like ability to pay, education qualifications etc.
It might be a good idea for someone to compile a list of typical RFEs at various stages. The rest of us can start adding for the benefit of those who get one in the future. In fact it might have been done already. I remember Logiclife putting something together during that 485 filing time in July/Aug.
hot sample cover letter resume_05. anyone read my post at the top of the page.
Feb 23 ... first 3 yr extension...waiting....
anyone here knows...can DL be renewed based in H1 receipt Or EAD ?
we are talking about NJ here....
Thanks
anyone here knows...can DL be renewed based in H1 receipt Or EAD ?
we are talking about NJ here....
Thanks
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Immigration and education should be two seperate things. NO support to categorize further on immigration, We should take out the country cap. It should be First come first serve basis. with necessary background checks on education and skills.
I welcome this sane voice
Come on folks, the reason we are suffering today is this mentality of whipping, punishing ourselves. Why do you want to go through the wall of fire, when people out there are trying the easiest means out? WHY? Why do you want to put us all through even more punishment? Please, drop these kinds of threads
I see that 2 people have given reds for this comment. I also see why British was able to enslave India
I welcome this sane voice
Come on folks, the reason we are suffering today is this mentality of whipping, punishing ourselves. Why do you want to go through the wall of fire, when people out there are trying the easiest means out? WHY? Why do you want to put us all through even more punishment? Please, drop these kinds of threads
I see that 2 people have given reds for this comment. I also see why British was able to enslave India
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gimme_my_gc, do you have EAD?
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
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Thanks for the clarification.
Just wanted to emphasize that getting a valid H-1/H-4 stamp on the passport is good enough for re-entry. AP is not a requirement.
From your post, I believe you agree with me.
this post was for specific question as to whether his spouse and child can use AP while returning from his home country. They have a valid H4 or some status now which was going to expire and he wanted them to use AP( and not get a renewal) while entering back. My post address that issue. So hope the confusion is cleared
-cheers
Just wanted to emphasize that getting a valid H-1/H-4 stamp on the passport is good enough for re-entry. AP is not a requirement.
From your post, I believe you agree with me.
this post was for specific question as to whether his spouse and child can use AP while returning from his home country. They have a valid H4 or some status now which was going to expire and he wanted them to use AP( and not get a renewal) while entering back. My post address that issue. So hope the confusion is cleared
-cheers
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AC21 cannot be used before 180 days. Also the employer may be upset if you take a vacation and do not return. Why not give two-week notice and quit normally? Plus, the new job is contract to hire. To use AC21, the new employment offer has to be permanent, IMHO. Programmer analyst to DBA may not be a big issue. You have to try to make sure your previous employer will not withdraw I-140.
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Not sure why you guys still use the paper filing route rather than e-filing. Then you wouldnt be wondering about check cashing etc etc. I have e-filed for both AP and EAD for the last 3 years. Last time my wife's e-filed EAD came in less than 4 weeks.
Wake up people .... E-filing is better than paper filing !!!
Wake up people .... E-filing is better than paper filing !!!
girlfriend List a Resume Site
I have been banned too - simply because I raised the cause of international students and IV's duplicity in its stance, and that makes some GC-greedy members paranoid. :D
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Hi
I am also from south east michigan. I don't any see posting in this section, which surprises me. We have to mobilize our friends in this region as Michigan Senator is going to hold a key position in the new congress.
I am also from south east michigan. I don't any see posting in this section, which surprises me. We have to mobilize our friends in this region as Michigan Senator is going to hold a key position in the new congress.
Don't u think that if X has contributed $1,000 and I have contributed $20/$0 I might be temped to rethink that I need to contribute more. It is not comparing $100 vs $200.
Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.
Your logic does not really make sense to me. If I contribute X amount, I do so because I believe in IV's cause (which is my cause too) and not because someone else has contributed Y amount.
I think we are all mature adults and not school kids, and do not require such kind of policing.
Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.
Your logic does not really make sense to me. If I contribute X amount, I do so because I believe in IV's cause (which is my cause too) and not because someone else has contributed Y amount.
I think we are all mature adults and not school kids, and do not require such kind of policing.
Its so funny, I gave green too....
somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!
somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!
