xyz_123
07-21 09:58 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
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godspeed
07-21 05:46 PM
Paper filed, and uscis received on jun10
got our EAD's for 2yrs on July 18th
got our EAD's for 2yrs on July 18th
vinnysuru
03-28 11:57 PM
Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
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malibuguy007
02-25 05:38 PM
All of us getting paid this Friday can schedule a payment through online banking today. Come on, don't procrastinate.
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gckabayega
08-31 10:01 PM
Sent I-140 and I-485 applications on July 12 and received on July 13.
Received receipt notices on Aug 31 from NSC for my I-485, EAD and AP
For spouse- I-485 and AP.
Received receipt notices on Aug 31 from NSC for my I-485, EAD and AP
For spouse- I-485 and AP.
sbabunle
05-03 06:21 PM
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
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mbsac
10-10 08:28 PM
No Luck yet !!!
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jessie1981
06-12 11:47 AM
Hi,
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
more...
mrdelhiite
09-28 08:43 AM
FYI sent wife's application on August 11th .. reached NSC on 14th .. checks got chshed yesterday. Online status says application was picked on Sep 25th.
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
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NKR
08-18 07:58 AM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
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Ramba
07-09 02:41 PM
Getting a letter is not a big deal. What if I am a full time consultant in that company?
consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.
consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.
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nehas
01-29 05:03 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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kondur_007
08-18 02:48 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
I can understand the frustration here. The problem is, USCIS has been doing this for several years and everyone knows this.
Even Ombudsman mention this in his report! So I dont think we can write much of letters about this...it is a well known and acknowledged fact!
Now what is the solution? The problem is USCIS claims that they do not have enough resouces to implement FIFO. Or may be they do not have a system to utilize available resources to do so.
This is not likely to change in next couple of months. So with all due respect, everyone with current PD but still waiting for GC will just have to wait and hope for the best. I wish my good luck to all. The best we can expect from USCIS at this point is to use all the visa numbers and not to waste any.
On a long run, this does need to change. It will take several months or years to change and it is worthwhile to attempt our efforts in that direction. Or suggest something in that line to include in upcoming CIR next year.
any thoughts?
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
I can understand the frustration here. The problem is, USCIS has been doing this for several years and everyone knows this.
Even Ombudsman mention this in his report! So I dont think we can write much of letters about this...it is a well known and acknowledged fact!
Now what is the solution? The problem is USCIS claims that they do not have enough resouces to implement FIFO. Or may be they do not have a system to utilize available resources to do so.
This is not likely to change in next couple of months. So with all due respect, everyone with current PD but still waiting for GC will just have to wait and hope for the best. I wish my good luck to all. The best we can expect from USCIS at this point is to use all the visa numbers and not to waste any.
On a long run, this does need to change. It will take several months or years to change and it is worthwhile to attempt our efforts in that direction. Or suggest something in that line to include in upcoming CIR next year.
any thoughts?
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diptam
06-23 10:51 AM
I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
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reddymjm
06-08 06:07 PM
My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.
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gc_bulgaria
09-24 04:22 PM
Hi,
Today I received the recipt notice and EAD card production ordered LUD
Looks like things are moving:D
EB2 ROW (cross charge)
PD 1/11/07
I140: 8/22/07 SRS (Texas)
AOS/EAD/AP: 26th July to Nebraska
Receipt: 9/24/07 from Texas
EAD Card production: 9/24/07
Today I received the recipt notice and EAD card production ordered LUD
Looks like things are moving:D
EB2 ROW (cross charge)
PD 1/11/07
I140: 8/22/07 SRS (Texas)
AOS/EAD/AP: 26th July to Nebraska
Receipt: 9/24/07 from Texas
EAD Card production: 9/24/07
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felix31
11-21 01:46 PM
Dear Mehul,
please, dont give up hope!! Faith and hope can do miracles. Seek proper care and definately a second docotor's opinion, preferably from your home country.
We will pray for you and your family!
please, dont give up hope!! Faith and hope can do miracles. Seek proper care and definately a second docotor's opinion, preferably from your home country.
We will pray for you and your family!
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rajesh_kamisetty
07-04 08:05 PM
Mine reached on July 2nd 10:30 am. I really hope they don't send my application back... and slip in through this process hahahahaha
bibboy,
I appreciate your contribution to IV..
BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.
bibboy,
I appreciate your contribution to IV..
BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.
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hebbar77
09-13 09:34 PM
I agree to the point that: we pay for unemployment , SS tax etc when we ourselves are not eligible for any of that if we continue on H1, in fact we are supposed to exit this country when we loose job!!!
what a joke...
also did u see this in history:
when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
so I guess system is behaving like normal. Its upto us to fight the system...
by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.
what a joke...
also did u see this in history:
when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
so I guess system is behaving like normal. Its upto us to fight the system...
by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.
sanprabhu
11-18 01:00 PM
Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks
Sandeep
Sandeep
alias
08-18 01:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
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