rp0lol
04-28 12:57 PM
Receipt ID: 4KS023989J641422B
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gceverywhere
09-26 09:09 AM
How do I create a new thread?
yabadaba
07-05 11:14 AM
Oh law reports:
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
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tamoul
10-19 01:06 PM
Chanced upon this forum while searching for something this week. Kudos to you all, your drive is amazing!
Count me in. Will be there tomorrow at 10AM.
Count me in. Will be there tomorrow at 10AM.
more...
bluekayal
03-17 10:57 AM
SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking `or' at the end;
(2) in subclause (II), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.
(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking `(beginning with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(ii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by adding at the end the following:
`(D) has earned an advanced degree in science, technology, engineering, or math.';
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.
(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking `or' at the end;
(2) in subclause (II), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.
(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking `(beginning with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(ii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by adding at the end the following:
`(D) has earned an advanced degree in science, technology, engineering, or math.';
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.
(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
Lasantha
06-08 02:05 PM
We almost fell in to the Fire from the Frying Pan. Now that we are back in the Frying Pan, somehow it doesn't feel that bad of a place to be in. LOL :D
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needhelp!
02-12 11:35 AM
Thanks for your hard work!
There were some glitches in my plan last evening and I couldn't be around for as long as I anticipated.
After the last weekend drives in NorCal, my own tally rose to 150.
Actually anyone can spend an hour or two on this, and see how easy it is to score at least a hundred!
There were some glitches in my plan last evening and I couldn't be around for as long as I anticipated.
After the last weekend drives in NorCal, my own tally rose to 150.
Actually anyone can spend an hour or two on this, and see how easy it is to score at least a hundred!
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go_gc_way
06-14 02:47 AM
Congratulations to all who can file for 485.
I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)
Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.
Once again congratulations :)
I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)
Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.
Once again congratulations :)
more...
franklin
09-21 08:58 PM
I didn't attended because recently I had a new boss and he was monitoring my daily schedule and being in H1b and coming so close to filing I-485, I was just waiting for my EAD or I-485 cheques to get encashed. On 21st Sep, they got encashed. Now I am bold enough to take a day or two as vacation and attend rally if organized in eastern part.
I did paid 50% travel cost to one of our member from CA.
Sorry for not attending this time, will do it next time.
Another perfectly valid reason - thank you for helping someone go in your place :)
I can guarantee first hand - those CA to DC flights aren't cheap
I did paid 50% travel cost to one of our member from CA.
Sorry for not attending this time, will do it next time.
Another perfectly valid reason - thank you for helping someone go in your place :)
I can guarantee first hand - those CA to DC flights aren't cheap
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485_se_dukhi
09-21 08:34 AM
How about meeting all our local congressmen and lawmakers in the next few weeks??
Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.
Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.
So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??
Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:
Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.
Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.
So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??
Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:
more...
stuckinmuck
02-09 10:05 PM
Hi pd_recapturing, I am glad you understood my post clearly. I understand your point as well. Determining whether a company/employee is indulging in fraud or not is quite difficult if not impossible. I would suggest we start with reporting companies we know people work for and have negative experiences/comments about. It would mean reporting them based on anecdotal evidence but what else do we have as a starting point? I also know website reviews might not be very reliable since some disgruntled employee might post exaggerated comments about a company which might be following all the rules. But in general, we do know from colleagues/friends their experiences about employers who have sketchy credentials. Even TCS, Infosys indulge many times in L1 fraud as I have noticed. All I am asking for is better scrutiny by the USCIS at an earlier stage like PERM so such fraud applications can be removed.
I do not wish the genuine employees any ill will (certainly not) but I would like the fraud ones out of the system. Let's brainstorm more and we might have some success in cleaning out the queue of such frauds. Thanks for your insight.
I do not wish the genuine employees any ill will (certainly not) but I would like the fraud ones out of the system. Let's brainstorm more and we might have some success in cleaning out the queue of such frauds. Thanks for your insight.
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hebbar77
09-25 10:46 PM
This is my opinion:
They are bunch of people who want to serve all the country and make all the money, with least customer care. So if you got money and dont need any quality of service, go to Fragomen!
They are bunch of people who want to serve all the country and make all the money, with least customer care. So if you got money and dont need any quality of service, go to Fragomen!
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chmur
11-18 09:07 PM
Join the Nebraska State chapter
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idlinginc
04-11 12:56 PM
Has your company sent a termination letter to INS? Have they paid you for your travel back to India?
I may be wrong, but I think those two are necessary for an employer to invalidate a H-1.
Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.
Thanks.
I may be wrong, but I think those two are necessary for an employer to invalidate a H-1.
Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.
Thanks.
more...
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Okie
10-29 02:33 PM
I currently have an L1 visa, and my H-1B has been approved (with the same employer). The H-1 was applied for as an initial petition. I'm going to get the H-1 stamp on December 18th this year. I'll be coming back to the states then after January 1st.
Are there any issues with a new sponsor filing to a H-1B transfer straight away after I come back? I will have pay slips with my current company, but they will mostly be from when I was on an L-1 visa. Is this an issue with this? Or is there anything else I would need to be concerned with?
Thanks in advance.
Are there any issues with a new sponsor filing to a H-1B transfer straight away after I come back? I will have pay slips with my current company, but they will mostly be from when I was on an L-1 visa. Is this an issue with this? Or is there anything else I would need to be concerned with?
Thanks in advance.
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kate123
02-12 05:33 PM
Thanks for the link and I did read the text...
What I understood is that an alien can be granted a PR only when visas are available...
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not avaialable...
for a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
Please correct me if I am wrong
Thanks a lot,
Kiran :)
It's not possible to achieve this without changing the INA.
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
What I understood is that an alien can be granted a PR only when visas are available...
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not avaialable...
for a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
Please correct me if I am wrong
Thanks a lot,
Kiran :)
It's not possible to achieve this without changing the INA.
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
more...
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tawlibann
03-20 04:57 PM
You are certainly entitled to your interpretation and Mr. Gotcher is entitled to his but I wouldn't go as far as calling it a ploy to increase more traffic. I am not sure if you are an attorney but he is and he certainly has more understanding of immigration law than most of us here. As with any law and immigration in particular, there is room left for interpretation and Mr. Gotcher is simply stating his point of view. You are more than welcome to disagree with him but I wouldn't call him greedy.
According to posters on Mr Gotcher's forum, there are law firms that are already preparing class-action lawsuits on behalf of I-485 applicants who claim to have been disadvantaged by the change of interpretation in the April bulletin. I don't see anything wrong with Mr Gotcher discussing the issue to clarify different interpretations, and even determine whether these potential lawsuits have good chances of succeeding. This issue and potential outcomes are equally important to both EB-2 India and EB-3 ROW people.
According to posters on Mr Gotcher's forum, there are law firms that are already preparing class-action lawsuits on behalf of I-485 applicants who claim to have been disadvantaged by the change of interpretation in the April bulletin. I don't see anything wrong with Mr Gotcher discussing the issue to clarify different interpretations, and even determine whether these potential lawsuits have good chances of succeeding. This issue and potential outcomes are equally important to both EB-2 India and EB-3 ROW people.
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gps001
07-14 01:58 PM
Hi,
1. I filed for my I-485 in July 2007 with the old fee. This included AP & EAD
2. AP and EAD were renewed in 2008 Sept, with new fee for both of these
3. AP is up for renewal, so is it free for me,or do I need to pay $305 again?
My question arises, since I assumed that the "free renewal" is for anyone who pays the new fee "once" for the EAD/AP.
Anyone who knows about this thing?
Thanks.
1. I filed for my I-485 in July 2007 with the old fee. This included AP & EAD
2. AP and EAD were renewed in 2008 Sept, with new fee for both of these
3. AP is up for renewal, so is it free for me,or do I need to pay $305 again?
My question arises, since I assumed that the "free renewal" is for anyone who pays the new fee "once" for the EAD/AP.
Anyone who knows about this thing?
Thanks.
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anilsal
06-26 05:57 PM
All,
Is LUD mandetory after finger printing? I applied for EAD for my wife and me on 5/21. Sent supporting docs and had LUD on 5/23. Went for finger printing on 6/10 but no LUD so far. I am concerned if the finger printing center sent the data to USCIS or not. Our EAD expired 7/30 so I am concerned.
Thanks
ACS
Posting the same Q in multiple threads. I answered in the other EAD thread.
Is LUD mandetory after finger printing? I applied for EAD for my wife and me on 5/21. Sent supporting docs and had LUD on 5/23. Went for finger printing on 6/10 but no LUD so far. I am concerned if the finger printing center sent the data to USCIS or not. Our EAD expired 7/30 so I am concerned.
Thanks
ACS
Posting the same Q in multiple threads. I answered in the other EAD thread.
alex99
03-13 04:15 PM
Yes it is true
bestia
07-18 03:07 AM
... I have seen a few threads in the past where someone stuck in BEC was just venting and then ppl come along and tell them to "be happy for others". I don't get it....
Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.
I'm a June filer, and this July thing will hit me too, but I still congratulate those July filers. So what? I understand that we will start getting our EADs in a year (so we would be applying for next EAD once we got current one). I understand that USCIS officers will be irritated and pissed, they will be under tons of application and everybody will be calling and bugging them. So? I realize that it maybe will take 3-4 years for us to get GC. So? I realize that DOS might retrogress now dates for many years on Oct, and will not do the same stupid mistake as making dates current and unleashing the voluntary slaves. So?
Today was little tiny success and it was day of tiny celebration. There is day for complaining and there is day for celebration.
Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.
I'm a June filer, and this July thing will hit me too, but I still congratulate those July filers. So what? I understand that we will start getting our EADs in a year (so we would be applying for next EAD once we got current one). I understand that USCIS officers will be irritated and pissed, they will be under tons of application and everybody will be calling and bugging them. So? I realize that it maybe will take 3-4 years for us to get GC. So? I realize that DOS might retrogress now dates for many years on Oct, and will not do the same stupid mistake as making dates current and unleashing the voluntary slaves. So?
Today was little tiny success and it was day of tiny celebration. There is day for complaining and there is day for celebration.
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