peer123
04-15 03:58 PM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
Thanks
Jay
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smisachu
06-20 03:25 PM
Thanks Chandu. IV- Tristate leadership has been great. I hope the other chapters catch up.
You are right. Thanks for the great job in the chapter
You are right. Thanks for the great job in the chapter
pd_recapturing
10-09 04:52 PM
I have a similar question. I have I-94 till Jan 2008 as my H1B visa is valid till Jan 2008. If I file an H1B extension in Dec, is that okay ? I know, approval would not come before Jan 08.
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Jaime
05-27 10:02 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/22/AR2006052201516.html
more...
humdesi
11-22 02:15 PM
Well said, No one here is going to let go an opporturnity here, if one gets one. In my case, I did NOT go in search of one, and I did not get one. So waiting in line for years. that said, If I had got an option, I would have taken advantage of it. This guy does deserves his GC. Anyway, he/she has been here since 1997 and it is a long time too.
Lot of people have been around for a long time. Each of us have a story why our PD is not earlier. One thing is guaranteed - bulletin dates will not progress or progress very slowly as more and more labor substituters take away visa numbers.
Another thing - People from 2003/2004 are taking visa numbers. Almost 40% of EB-2 numbers were taken as of first week of Nov (as per latest bulletin). By end of Nov that number might well be 50%, 60%, or 70% - who knows.
It's going to be a loooong wait.
Lot of people have been around for a long time. Each of us have a story why our PD is not earlier. One thing is guaranteed - bulletin dates will not progress or progress very slowly as more and more labor substituters take away visa numbers.
Another thing - People from 2003/2004 are taking visa numbers. Almost 40% of EB-2 numbers were taken as of first week of Nov (as per latest bulletin). By end of Nov that number might well be 50%, 60%, or 70% - who knows.
It's going to be a loooong wait.
GCchakravyuh
07-13 09:04 AM
It feels much better after i became member of this wonderful website in July. All the info, jokes keep me assured of so much support...:)
more...
priderock
07-12 02:41 PM
Please don't get me wrong. I am not against any one getting it. The date I chose here is just an example and my PD is not in 2003. I thought if they approve cases with newer PDs and reject older cases that raises an interesting point.
I guess i dont have a PD as old as some of the other folks , but Its been 3 yrs since we applied to 485 and still waiting on some news. 3 FP's. 4 EADs and not a single update online. Am i STUCKKKKK..
cheers
You are right, priderock. If indian2006 is willing, his case can be used as an example by AILF but I think we should be happy for those who got approved and spare them any more trouble.
However, looking at indian2006's case, I had one question.
If they allocated visa number on 1st July then, why was the approval done on 10th? I think in one of the earlier posts it was mentioned that they need to use it in 7 days or else return it to DOS.
I guess i dont have a PD as old as some of the other folks , but Its been 3 yrs since we applied to 485 and still waiting on some news. 3 FP's. 4 EADs and not a single update online. Am i STUCKKKKK..
cheers
You are right, priderock. If indian2006 is willing, his case can be used as an example by AILF but I think we should be happy for those who got approved and spare them any more trouble.
However, looking at indian2006's case, I had one question.
If they allocated visa number on 1st July then, why was the approval done on 10th? I think in one of the earlier posts it was mentioned that they need to use it in 7 days or else return it to DOS.
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dingudi
05-22 03:12 PM
per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
You cannot come back on H1 once you cross 6 years and you have switched to EAD. For you to get H1 extensions beyond 6 years based on pending GC , you should already be in H status. If you are not in H status (e.g. EAD or some other status) then you cannot get H without being outside for 1 year and being counted in quota again.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
You cannot come back on H1 once you cross 6 years and you have switched to EAD. For you to get H1 extensions beyond 6 years based on pending GC , you should already be in H status. If you are not in H status (e.g. EAD or some other status) then you cannot get H without being outside for 1 year and being counted in quota again.
more...
mzdial
June 13th, 2004, 12:59 AM
Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
hair Description: [image]
gsc999
02-11 09:34 PM
This is a great idea!
I am sure there are some hikers, walkers, joggers and runners amongst the IV membership or people you might know otherwise. This would be a great opportunity to take brand IV in a new direction.
I will sign-up too, need to loose some weight :o
I am sure there are some hikers, walkers, joggers and runners amongst the IV membership or people you might know otherwise. This would be a great opportunity to take brand IV in a new direction.
I will sign-up too, need to loose some weight :o
more...
pom
05-17 06:13 PM
DJ, that's a great volley! And thanks for the psd, it's real interesting. I wished everybody did the same *tears* then the world would be a better place! *sob*
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mallu
02-29 12:23 AM
Dear members,
I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?
I appreciate your help
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?
I appreciate your help
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
more...
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vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
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skd
08-20 01:28 PM
that you will attend the DC rally... I won't tell you if I got the receipt notice;)
(I filed my AOS on July 2 at TSC)
TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.
The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!
So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!
So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!
If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:
http://immigrationvoice.org/forum/showthread.php?t=12566
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks!
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
(I filed my AOS on July 2 at TSC)
TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.
The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!
So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!
So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!
If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:
http://immigrationvoice.org/forum/showthread.php?t=12566
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks!
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
more...
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kramac01
09-21 02:38 PM
looks like NSC is approving Spouse EAD huh???
I am also waiting for EAD.
My FP is also done on 08/29/07
My center is Nebraska.
I think slowly NSC has started approving EADs.
PD: Sep' 03.
Thanks.
I am also waiting for EAD.
My FP is also done on 08/29/07
My center is Nebraska.
I think slowly NSC has started approving EADs.
PD: Sep' 03.
Thanks.
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GCwaitforever
10-06 03:49 PM
If he is going to start with new PERM. new I-140, he can port the old PD based on old I-140.
more...
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bijualex29
06-22 02:18 PM
There are lots and lots of application is rejected based on USCIS error. Stating that correct fee is not issue and I-485 Receipt is not attached.
Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
We should address this to USCIS or American immigration association.
Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
We should address this to USCIS or American immigration association.
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mambarg
09-16 01:43 PM
EAD and AP is good, but we need to see FP notice which shows 485 has started processing.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
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guy03062
07-05 01:23 AM
Miriam, WSJ journalist. I thanked her for covering in WSJ, requested to write more depth to uncover facts from USCIS / DOS for visa bulletin fiasco and added my personal story too.
shirish
01-04 12:20 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?
I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(
I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(
SK2007
12-24 04:10 PM
Hi Prinive,
I too am in the same club, having a priority date of Sept 2001. I am still awaiting my I-140 approval, filed in March 2007.
Hoping things would be sorted out sooner rather than later....I am in EB-3....How about U??
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
I too am in the same club, having a priority date of Sept 2001. I am still awaiting my I-140 approval, filed in March 2007.
Hoping things would be sorted out sooner rather than later....I am in EB-3....How about U??
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
