GCard_Dream
01-31 10:40 AM
From what I understand, once the law comes in to affect, labor substitution will no longer be allowed so desi companies can't sell labors anymore. But the 2nd part of the puzzle was that approved labor will only be valid for X number of days (like 45 days as originally proposed) and I am not sure if this impacts the existing labors or not. 45 days expiration may only apply to new labors but no details has emerged yet so we'll have wait and see when the details come out. If it also applies to existing labors then we are home free because after the expiry date, all labors will automatically be canceled. Well, let's wait the for the fine details to come out first.
As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
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richshi
04-26 07:42 PM
Just registered as volunteer. Will send a check of $100 first thing tomorrow.
I will go to Wenxuecity ( a chinese portal) to introduce this great organization and ask people to donate money.
I will go to Wenxuecity ( a chinese portal) to introduce this great organization and ask people to donate money.
raj2007
06-16 01:07 AM
Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....
This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...
My PD is Dec 2005. I have 2 more years of valid H1B visa time.
Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's
1) Is my H1 going to be valid after I get my EAD approved?
Yes h1 will be valid.
2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
No you can still maintain both the status. H1 gt invalidated only if you use EAD for other job.
3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?
She can enter on H4 and it is not possible to get I-485 approcal with PD current.
The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???
No queries..it is very common so you will be OK.
This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...
My PD is Dec 2005. I have 2 more years of valid H1B visa time.
Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's
1) Is my H1 going to be valid after I get my EAD approved?
Yes h1 will be valid.
2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
No you can still maintain both the status. H1 gt invalidated only if you use EAD for other job.
3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?
She can enter on H4 and it is not possible to get I-485 approcal with PD current.
The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???
No queries..it is very common so you will be OK.
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mirage
08-12 10:01 PM
Guys there is no doubts if you have an opportunity like where employer is paying for the Green card process, I guess everybody should get out of the EB-3 mess. If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
more...
GC_sufferer
07-11 11:48 AM
What is HLG?
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
pmb76
07-16 11:15 AM
Friends, Below is one of the comments I got on the petition
444 Sainath Lou Dobbs is a big A..Hole
Such comments only defeat our cause. I understand the frustration and believe me I feel the same way. But at the same time it is important to channel our anger the right way for maximum impact. I am going to delete this comment from the petition so please repost.
444 Sainath Lou Dobbs is a big A..Hole
Such comments only defeat our cause. I understand the frustration and believe me I feel the same way. But at the same time it is important to channel our anger the right way for maximum impact. I am going to delete this comment from the petition so please repost.
more...
invincibleasian
02-01 12:21 PM
BS!. I worked my ass off here in graduate school and spent more then 30K $.
2010 Claudio Abbado et. al.
rameshk75
08-19 01:55 PM
Congrats and n'joy the life...i understand your anxiety and you deserve it...
more...
go_gc_way
02-01 03:23 PM
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
Common people ... These are isolated ... very very very isolated cases may be.
I know many IT folks who work VERY VERY VERY HARD AND FOCUSSED ON THEIR JOB ... I believe they represent 99.99999999999999 %, why are we even discussing these?
Common people ... These are isolated ... very very very isolated cases may be.
I know many IT folks who work VERY VERY VERY HARD AND FOCUSSED ON THEIR JOB ... I believe they represent 99.99999999999999 %, why are we even discussing these?
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praky
08-04 09:10 PM
Thanks ak27... based on your suggestion, I have started enquiry on my case through congressman.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
more...
pa_arora
06-12 03:35 PM
Not true...
In the EB base, only 1 GC is counted for all family members. How can it count more than one if it is a derivative of an employment visa? It might count against the Family base even though primary applicant is EB-based. Not the other way around.
U r wrong here my friend. In EB, visa number is counted for each dependent.
In the EB base, only 1 GC is counted for all family members. How can it count more than one if it is a derivative of an employment visa? It might count against the Family base even though primary applicant is EB-based. Not the other way around.
U r wrong here my friend. In EB, visa number is counted for each dependent.
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calgirl
06-14 01:15 PM
Can I take Infopass to find this info or is there a number I can call?
Been soo long that I have forgotten how to do this..
Thanks.
I hadn't heard about the new Memo..
Last I checked, I had namecheck pending too and it was pending for more than 6 months..
I can take up an Infopass to find out if its still pending.
If it is pending for more than 2 yrs, what are the next steps?
(Obviously 485 won't get approved if name check is pending)
Been soo long that I have forgotten how to do this..
Thanks.
I hadn't heard about the new Memo..
Last I checked, I had namecheck pending too and it was pending for more than 6 months..
I can take up an Infopass to find out if its still pending.
If it is pending for more than 2 yrs, what are the next steps?
(Obviously 485 won't get approved if name check is pending)
more...
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cooldesi
04-02 09:38 PM
I agree with this part. The moment employer knows that job offer is no longer valid, he should withdraw h1. Since he did not do that, it would work agsinst him.
Dol only understands two dates approval date and date of withdrawal.
To me this employer looks more stu**d than evil.
Dol only understands two dates approval date and date of withdrawal.
To me this employer looks more stu**d than evil.
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gcisadawg
04-08 07:47 PM
On March 30, we all 3 received soft LUDs and on March 31, my wife was issued a RFE. This is about her incomplete TB test. We have till May 1st to submit the evidence.
My wife couldn't do TB test since she was pregnant when we filed I-485 in Aug 2007. Now she is in India and be back only in the first week of June. If we receive an RFE for her TB test ( my PD is EB3-I Oct 2003), can we request an extension for RFE? Is that possible?
-GCisaDawg
My wife couldn't do TB test since she was pregnant when we filed I-485 in Aug 2007. Now she is in India and be back only in the first week of June. If we receive an RFE for her TB test ( my PD is EB3-I Oct 2003), can we request an extension for RFE? Is that possible?
-GCisaDawg
more...
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javadeveloper
11-25 12:04 AM
There are both advantages and disadvantages, but if you haven't consumed full 6 years of H1B, going on EAD has certain advantages.
Even my company recommends to use EAD to stop utilizing H1B time.As per http://immigration-information.com/forums/showpost.php?p=18946&postcount=28 it's definitely better to switch to EAD.I used 4.5 years of H1B and switched to EAD.
Even my company recommends to use EAD to stop utilizing H1B time.As per http://immigration-information.com/forums/showpost.php?p=18946&postcount=28 it's definitely better to switch to EAD.I used 4.5 years of H1B and switched to EAD.
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rubiela
11-07 10:45 AM
I have been a victim since october 2004 I am still pending ... as NOvember 05 2007
more...
makeup Costa DI MURO (Basso).
GTGC
06-02 05:16 PM
I called the first three representatives- left VM for 2 and Brian Bilbray's office asked me to fax the material over to thier office.
Did anyone else receive this request? Is there something I can fax over to thier office?
Please let me know - I will call others during my lunch hour tomm.
Did anyone else receive this request? Is there something I can fax over to thier office?
Please let me know - I will call others during my lunch hour tomm.
girlfriend Carlos Sastre:
redddiv
07-11 11:05 AM
My Lawyer will change only $150 more for refiling...
www.gowda.com
My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?
"In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:
If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.
If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.
Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.
Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."
So friends, what are you folks doing? Any thoughts or comments?
Regards.
www.gowda.com
My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?
"In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:
If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.
If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.
Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.
Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."
So friends, what are you folks doing? Any thoughts or comments?
Regards.
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satyasaich
12-07 04:00 PM
Hope the Change will come for us as well
caliguy
10-30 07:02 PM
Agree with vikki76. Infopass and Customer Service numbers are totally useless. Actually, they can do more harm than good as they will open a SR for you, and then when you call back, you are stuck as you have to wait for 30/45/60/90 days.
I think the following will be helpful (I think what worked for me):
1) Try to get a hold of a polite and helpful IO. Keep calling until you get to talk to a nice IO. Reaching an IO does not take more than 30-60 seconds if you call late in the afternoon.
2) Send DHS-7001 form to CIS Ombudsman
3) Letter to Napolitano
I still havent got a response for a letter to the first lady so I am not sure if that works.
Good luck!
It wouldn't hurt to verify which 140 is getting picked up. I got paranoid because when I contacted USCIS through service request, POJ and ncsc follow up email in September, I came to know that my application is awaiting visa number when clearly dates for my PD were current since Sept 01. Then I tried calling USCIS repeatedly until I got confirmation that both 140 were indeed in place.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
I think the following will be helpful (I think what worked for me):
1) Try to get a hold of a polite and helpful IO. Keep calling until you get to talk to a nice IO. Reaching an IO does not take more than 30-60 seconds if you call late in the afternoon.
2) Send DHS-7001 form to CIS Ombudsman
3) Letter to Napolitano
I still havent got a response for a letter to the first lady so I am not sure if that works.
Good luck!
It wouldn't hurt to verify which 140 is getting picked up. I got paranoid because when I contacted USCIS through service request, POJ and ncsc follow up email in September, I came to know that my application is awaiting visa number when clearly dates for my PD were current since Sept 01. Then I tried calling USCIS repeatedly until I got confirmation that both 140 were indeed in place.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
saikatmandal
01-31 02:31 PM
Please use the "Most Popular" tab to locate and vote for the question.
http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm#
http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm#
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