Each application could generate fines and fees of $1,000 to $5,000, a windfall of $10 billion to $15 billion over eight years, Homeland Security officials said. The money would dwarf revenue from a previously announced agency plan to increase fees on immigration and employment applications by 50 percent as early as next week, to raise $1 billion a year.
What are you saying it is a SCAM.....
What are you saying it is a SCAM.....
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Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".
This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.
Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.
So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.
This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.
Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.
So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.
Most people has very misconception about "parole". It is not a free/flexible travel document like visa. As a AOS applicant, one should not leave US till it is approved/denied. One MUST present in US during AOS. The parole is only for any emergency purpose; which is similar to prisioners. As USCIS is flexible, in approving the AP, the people don't realize the travel limitation of AP. They are travelling on AP for vatation/fun etc.. As per law, the AP is not intended for it. The CBP officer was right in asking the legitimacy of the travel. The AP document clearly says it is based on "humanitation" admission to retrun after an emergency travel.
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We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer. Would this work out? Gurus, pls. help
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer. Would this work out? Gurus, pls. help
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
According to the report, there are 100K to 150K applications pending to be processed (guessing PD is current and hence includes dependents) and 500k to 750k applications expected if PD becomes current. If we assume 2.1 dependents on an average, this comes to 1M - 1.5M applications if PD is current. So is the total 1.1M - 1.65M? Does that sound right?
Just I have created a google online campaign. (I am planning to run it for the next 5 days as my contribution)
EB Based Greencard Seekers
Advocacy Days in D.C. on June 7th &
8th. Just show up and support.
ImmigrationVoice.org - Home (http://www.immigrationvoice.org)
(linked to http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html)
I need more crative title / text. Please reply here or PM me with your ideas.
EB Based Greencard Seekers
Advocacy Days in D.C. on June 7th &
8th. Just show up and support.
ImmigrationVoice.org - Home (http://www.immigrationvoice.org)
(linked to http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html)
I need more crative title / text. Please reply here or PM me with your ideas.
Please let us know when your check get cashed. This will indicate that they actualy start processing our application and First application check is passed.
http://www.imminfo.com/resources/cissop.html
http://www.imminfo.com/resources/cissop.html
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There is great opportunity for collaboration between IV and USINPAC. USINPAC stands to gain future members from those of us who graduate to a GC. IVs mailing list would be an extremely valuable tool in this regard.
As IV members graduate to a GC, they have to evaulate what political causes they want to support. The absence of a viable PAC supporting the cause of skilled legal immigration is also an opportunity for the future evolution of IV, where establishing a PAC supported by contributions from IV graduates will reinforce IVs message.
As IV members graduate to a GC, they have to evaulate what political causes they want to support. The absence of a viable PAC supporting the cause of skilled legal immigration is also an opportunity for the future evolution of IV, where establishing a PAC supported by contributions from IV graduates will reinforce IVs message.
Yes. That is exactly what happens. Everytime a cut-off date advances in a certain category, a sweep is conducted of all previously submitted I-485s, and either continue their processing, or if processed far enough, approve it. If a category retrogresses, processing on the case may or may not stop, but APPROVAL IS IMPOSSIBLE if the PD is before the cut-off date.
--> Plethora of information. Thanks
Yes, it is exactly the same. And that means their processing STOPS before approval. The 50,001st schedule A, submitted in, say, June/July/Aug 2006, will NOT be approved until her EB2 or EB3 PD becomes current.
--> Let say 50,001st appl has been filed in Aug 06. Shouldnt USCIS pass on the info to DOS so that they can retrogress it in OCT? In fact they have been saying that it might very well hit the 50K number some where in OCT and thats why they retrogressed it with Nov bulletin
Well, that is what happens. For example. My PD became current with the release of the Nov 2006 bulletin (I have submitted my I-485 3 years ago, and have had 2 sets of Fingerprints taken). Processing was completed on my case over a year ago, but I could not be approved until Nov 2006, because of my PD.
If, god forbid, I am not approved in November, and EB3 retrogresses back 2 months, I will once again be stalled.
--> I am sorry and Thanks again for making me aware of this. What you said makes sense to all other categories but some how I am under the impression that the Schedule A which is a one time quota will be the same. Now I dont understand why they have to retrogress schedule A to 10/05. How does retrogression even apply to a one time quota? Its not like there is another 50k
visas that will be available in 2 to 3 months ( assuming congress hasnt acted on any )
Of course their petitions wioll freeze, this is ALWAYS what happens with retrogression. Minor processing may take palce, but approval cannot and will not be given.
The 765/131s will be approved, I have had 3 sets since I submitted my I-485. These do not require your date to be current, they only require that your I-485 be submitted.
--> Good, they get their EAD's and AP's. What happens when DOS takes the Schedule A category off of VB?
--> Plethora of information. Thanks
Yes, it is exactly the same. And that means their processing STOPS before approval. The 50,001st schedule A, submitted in, say, June/July/Aug 2006, will NOT be approved until her EB2 or EB3 PD becomes current.
--> Let say 50,001st appl has been filed in Aug 06. Shouldnt USCIS pass on the info to DOS so that they can retrogress it in OCT? In fact they have been saying that it might very well hit the 50K number some where in OCT and thats why they retrogressed it with Nov bulletin
Well, that is what happens. For example. My PD became current with the release of the Nov 2006 bulletin (I have submitted my I-485 3 years ago, and have had 2 sets of Fingerprints taken). Processing was completed on my case over a year ago, but I could not be approved until Nov 2006, because of my PD.
If, god forbid, I am not approved in November, and EB3 retrogresses back 2 months, I will once again be stalled.
--> I am sorry and Thanks again for making me aware of this. What you said makes sense to all other categories but some how I am under the impression that the Schedule A which is a one time quota will be the same. Now I dont understand why they have to retrogress schedule A to 10/05. How does retrogression even apply to a one time quota? Its not like there is another 50k
visas that will be available in 2 to 3 months ( assuming congress hasnt acted on any )
Of course their petitions wioll freeze, this is ALWAYS what happens with retrogression. Minor processing may take palce, but approval cannot and will not be given.
The 765/131s will be approved, I have had 3 sets since I submitted my I-485. These do not require your date to be current, they only require that your I-485 be submitted.
--> Good, they get their EAD's and AP's. What happens when DOS takes the Schedule A category off of VB?
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https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
My Firefox shows the APril but IE shows the May. Try deleting the cookies, temp files, cache, etc.
I did all that but still show April 15. :(
Could somebody tell me what's the date for I140 @ NSC?
Thanks!
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
My Firefox shows the APril but IE shows the May. Try deleting the cookies, temp files, cache, etc.
I did all that but still show April 15. :(
Could somebody tell me what's the date for I140 @ NSC?
Thanks!
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Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
Forgot to mention "Good luck with your GC in Sep..
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
Forgot to mention "Good luck with your GC in Sep..
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OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
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gr8... i've signed up & will attend for sure on both the days..... i did not attend earlier such events of iv.... i've a question.... i'll fly in.... when will be the meetings.... when should i reach washington..... i've to ask my boss for time off.... so pls let me know....
y've u posted this on donor forum.... others will not know that iv is doing these events.... is there a reason for this.....
y've u posted this on donor forum.... others will not know that iv is doing these events.... is there a reason for this.....
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Please shut your mouth. You do not know and feel what we are going thru (PBEC victim). As a member of this community, and have contibuted monetary support, I too, would like to have the problem in PBEC be heard.
There is only one thing I suggest, please do not have this guy "prolegalimmi" speak in front of the congressman.
With all due respect to your point of view without being rude, I am a BEC victim from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues. But definitely not agree with your tone of voice. IV has clearly stated in its media relations page that members that have no respect to opinions and have no decency in their language can be taken out or censored.
Thanks for your time.
There is only one thing I suggest, please do not have this guy "prolegalimmi" speak in front of the congressman.
With all due respect to your point of view without being rude, I am a BEC victim from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues. But definitely not agree with your tone of voice. IV has clearly stated in its media relations page that members that have no respect to opinions and have no decency in their language can be taken out or censored.
Thanks for your time.
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The AP is truly an amazing conundrum. I will try to clarify.
1. When AP is filed, you need to be in the US. No if's and but's about that.
2. If AP is used at the border for entry, it DOES NOT invalidate your H1. Only using EAD to switch jobs does that.
3. Lets assume you have an AP valid till Jan 1. You apply for new AP on Oct 1. However, you need to travel on Dec 25. Now there are two scenarios:
3a) you return on Dec 30 - you can use your old AP as it is still valid. The fact that you have applied for a new AP and left the country DOES NOT abandon your new AP because your old AP is still valid.
3b) You return on Jan 3 - You need to have the new AP in hand.
If there are any more questions on AP, please feel free to PM me :)
Thanks
Does that mean that wife can travel after applying for the new AP and then i will post her the renewed AP, which she can use to reenter say after the expiry date of the old one so in this case 3rd Jan ? Cause i had asked this question on this forum and i was informed that when she is travelling to India she must get the new AP approved, i cannot send it to her via mail
1. When AP is filed, you need to be in the US. No if's and but's about that.
2. If AP is used at the border for entry, it DOES NOT invalidate your H1. Only using EAD to switch jobs does that.
3. Lets assume you have an AP valid till Jan 1. You apply for new AP on Oct 1. However, you need to travel on Dec 25. Now there are two scenarios:
3a) you return on Dec 30 - you can use your old AP as it is still valid. The fact that you have applied for a new AP and left the country DOES NOT abandon your new AP because your old AP is still valid.
3b) You return on Jan 3 - You need to have the new AP in hand.
If there are any more questions on AP, please feel free to PM me :)
Thanks
Does that mean that wife can travel after applying for the new AP and then i will post her the renewed AP, which she can use to reenter say after the expiry date of the old one so in this case 3rd Jan ? Cause i had asked this question on this forum and i was informed that when she is travelling to India she must get the new AP approved, i cannot send it to her via mail
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I would say to core group to not spend any of their valuable time and energy replying to negative posts.
It will be great if IV gets relief this time, if not we are prepared for the long struggle.
It will be great if IV gets relief this time, if not we are prepared for the long struggle.
If you were not told the correct bill rate, you can recover that money. Simply ask them in writing to show you the contract since you are on 70/30 basis. The written contracts, oral contracts, emails all stand in the court but how will you prove an oral contract? If you have found an offer that meets your expectations just quit. We all make the same mistakes. We spend our time on working out things where they are not working. Just "quietly" without your employer getting a hint, find a job and quit.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html
Movt is not very bad for EB-2 India, but EB-3 India does not move!!
Movt is not very bad for EB-2 India, but EB-3 India does not move!!
