peacocklover
07-02 01:10 PM
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.
I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.
I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)
Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.
I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.
I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)
Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..
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axp817
06-09 06:41 PM
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
There are federal firearm laws and then there are local (state) firearm laws.
State laws can be more restrictive than federal laws (atleast when it comes to firearms), but never less restrictive.
Federal law states that non-immigrants (even AOS) are prohibited from owning firearms unless they fall under one of 4 exceptions, the easiest one being the hunting license exception.
If you have a valid hunting license, issued anywhere in the United States (you could live in NV and have a hunting license from NY) you are okay on the Federal level.
After you have met that exception, you have to check and see if your state has additional restrictions.
Some states don't discriminate between citizens/non citizens when it comes to firearms, some do.
e.g. in MA, non-citizens (even GC holders) are only allowed to own non large capacity rifles and shotguns, which means no handguns, and no large capacity rifles (ARs, AKs and the like).
Logiclife, yes, there are some cases where a non-immigrant accidentally manages to bypass the hunting license requirement. This can happen in states which issue their own non-citizen permits. The applicant gets the 'non-citizen' permit and thinks that he/she has done their part and is now okay to purchase/possess a firearm. This is somewhat of a loophole that every non-immigrant buyer should be wary of and absolutely avoid. Sometimes the NICS background people can also approve the transaction without realizing the non-immigrant situation, but that doesn't mean its okay, I have confirmed this with the ATF on the phone.
Getting a hunting license is not difficult though, passing a simple hunter safety course is all that is required.
That being said, I am very pleased to find responsible and safe firearms enthusiasts on this forum.
And the person that asked the OP if he was inquiring about firearm laws because he wanted to kill someone, I hope you were joking. If you weren't, your ignorance disgusts me.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
There are federal firearm laws and then there are local (state) firearm laws.
State laws can be more restrictive than federal laws (atleast when it comes to firearms), but never less restrictive.
Federal law states that non-immigrants (even AOS) are prohibited from owning firearms unless they fall under one of 4 exceptions, the easiest one being the hunting license exception.
If you have a valid hunting license, issued anywhere in the United States (you could live in NV and have a hunting license from NY) you are okay on the Federal level.
After you have met that exception, you have to check and see if your state has additional restrictions.
Some states don't discriminate between citizens/non citizens when it comes to firearms, some do.
e.g. in MA, non-citizens (even GC holders) are only allowed to own non large capacity rifles and shotguns, which means no handguns, and no large capacity rifles (ARs, AKs and the like).
Logiclife, yes, there are some cases where a non-immigrant accidentally manages to bypass the hunting license requirement. This can happen in states which issue their own non-citizen permits. The applicant gets the 'non-citizen' permit and thinks that he/she has done their part and is now okay to purchase/possess a firearm. This is somewhat of a loophole that every non-immigrant buyer should be wary of and absolutely avoid. Sometimes the NICS background people can also approve the transaction without realizing the non-immigrant situation, but that doesn't mean its okay, I have confirmed this with the ATF on the phone.
Getting a hunting license is not difficult though, passing a simple hunter safety course is all that is required.
That being said, I am very pleased to find responsible and safe firearms enthusiasts on this forum.
And the person that asked the OP if he was inquiring about firearm laws because he wanted to kill someone, I hope you were joking. If you weren't, your ignorance disgusts me.
bayarea07
09-22 02:58 PM
Can you please put a poll on top which will let us know on how many people called
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gc_waiter56
07-06 10:16 AM
This will be a class action lawsuit which means that all the people who are in the same class as the plaintiff will get the benefit of the favourable decision. Now on whether to file or not, it is an individual decision but most of us have already prepared for the filling so there is no harm in going ahead with the filling. The worst will be to file again but nothing more than that can happen and as I have heard most of the attorney will not be charging again when people will be refiling their cases. So better to file your case and let USCIS reject rather than feel sorry later on if the judge rules in favour of the lawsuit.
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
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gcwait2007
12-31 09:35 AM
Texas is a great state...No hassle. My first H1-B is expiring in Feb 2008 and they renewed my driving licence for 5 more years till my birth day in 2013.
boreal
10-10 10:12 PM
I hope it does some good to you and makes your PD current/closer so that you dont eat/sleep/drink VB. C mon man... There are other things you can do. Dont get offended by what I am saying. If your PD is closer, I can understand your excitement. But a lot of people are just killing time in forums by working their ass off on predictions and call it comic relief. I hope IV core members stop encouraging this kind of behavior.
Oh God! Take a break buddy. Why does everything have to end with - "please close this thread" or "hope someone closes this thread.." If you dont like to read something, just ignore the thread..dont show off the two feet inside the big mouth!!
Oh God! Take a break buddy. Why does everything have to end with - "please close this thread" or "hope someone closes this thread.." If you dont like to read something, just ignore the thread..dont show off the two feet inside the big mouth!!
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jonty_11
06-18 11:17 AM
I think now EADs will get delayed...surely..
If its not one thing its the other....we just too many in number....God save us..
If its not one thing its the other....we just too many in number....God save us..
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kumar1
02-01 01:26 PM
Thank you. I agree with you 100%.
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
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Macaca
08-14 08:25 PM
By March 2007, and using that same calculation, USCIS had a backlog of 1,275,795. (page 11)
In last year’s annual report (at pp. 6-11), the Ombudsman analyzed USCIS’ redefinition of its backlog. That analysis is not repeated here, as the backlog redefinition is unchanged. The current definition continues to consider “backlogged” only the cases pending after subtracting those cases not yet ripe for adjudication, “where even if the application or petition were approved today, a benefit could not be conferred for months or years to come.
[Unripe cases are] excluded from the number of cases in the backlog but remain in the pending.”
Pending Cases Not Included in "Backlog" is 1,316,740 (Fig 1, 2nd column, page 14)
Total Pending = Backlogged + Unripe = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
So as per USCIS a total of 600,000 applications were pending until June. We can add another 600,000 for july-aug... total now 1.2 Million
Firstly, it is not possible that pending = backlogged + unripe = 600K because there were 2.5M+ pending cases (as explained above) in March 2007. Thus, 600K should be pending EB cases or total backlogged cases.
Secondly, it is unlikely (although possible) that there are 600K pending EB cases because this means that there are 2M family cases.
Thirdly, it is not possible to have 600K total backlogged (= EB + Family + ...) as explained in previous post. Thus, assume 400K (out of 1.3M+) unripe EB cases also. So EB total becomes 1.6M.
Fourthly, consider cases stuck in labor after Aug 17 2007.
In last year’s annual report (at pp. 6-11), the Ombudsman analyzed USCIS’ redefinition of its backlog. That analysis is not repeated here, as the backlog redefinition is unchanged. The current definition continues to consider “backlogged” only the cases pending after subtracting those cases not yet ripe for adjudication, “where even if the application or petition were approved today, a benefit could not be conferred for months or years to come.
[Unripe cases are] excluded from the number of cases in the backlog but remain in the pending.”
Pending Cases Not Included in "Backlog" is 1,316,740 (Fig 1, 2nd column, page 14)
Total Pending = Backlogged + Unripe = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
So as per USCIS a total of 600,000 applications were pending until June. We can add another 600,000 for july-aug... total now 1.2 Million
Firstly, it is not possible that pending = backlogged + unripe = 600K because there were 2.5M+ pending cases (as explained above) in March 2007. Thus, 600K should be pending EB cases or total backlogged cases.
Secondly, it is unlikely (although possible) that there are 600K pending EB cases because this means that there are 2M family cases.
Thirdly, it is not possible to have 600K total backlogged (= EB + Family + ...) as explained in previous post. Thus, assume 400K (out of 1.3M+) unripe EB cases also. So EB total becomes 1.6M.
Fourthly, consider cases stuck in labor after Aug 17 2007.
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snathan
03-15 11:09 PM
Snathan
I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.
I am not blaming any one here. I don't have right to blame as well others.
When you get caught...its sin.
Otherwise its fun...:p
I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.
I am not blaming any one here. I don't have right to blame as well others.
When you get caught...its sin.
Otherwise its fun...:p
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gunsnkars
07-19 01:26 PM
As somebody said above, if we r getting married after Aug 17, and if we decide not to file my 485 now. My PD is May 2007 and my 140 would be approved before my H1B is expired for the second term, and if I didn't file my 485 by then, what kind of H1B extensions would I get ?? 1 year or 3 years.
To be simple : PD May 2007
140 approved by May 2010
H1B expires Nov 2010.
485 not filed.
From Nov 2010, what kind of H1B extension I'd get (1 year or 3 years) ??
Thanks
As far as I know if the USCIS issues a receipt of your I-485 they are under the impression that your GC is around the corner irrespective of PD's...Could someone please throw some light on this issue??Would really be helpful for some people to file/not file their 485's....
To be simple : PD May 2007
140 approved by May 2010
H1B expires Nov 2010.
485 not filed.
From Nov 2010, what kind of H1B extension I'd get (1 year or 3 years) ??
Thanks
As far as I know if the USCIS issues a receipt of your I-485 they are under the impression that your GC is around the corner irrespective of PD's...Could someone please throw some light on this issue??Would really be helpful for some people to file/not file their 485's....
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inskrish
08-22 07:43 PM
I have this doubt also.
If the priority dates are current in Visa Bullettin, the applications will be processed based on RD. If the dates are not current or unavailable, the applications will be processed based on PD. This is my understanding of the process.
Regards,
IK
If the priority dates are current in Visa Bullettin, the applications will be processed based on RD. If the dates are not current or unavailable, the applications will be processed based on PD. This is my understanding of the process.
Regards,
IK
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gunabcd
06-28 03:41 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:
I140 has been approved
I485 application is 180 days old
You have no freaking idea what you are talking about. one should not open his/her mouth so confidently without reading documents from USCIS or talking to an immigration lawyer.
I140 has been approved
I485 application is 180 days old
You have no freaking idea what you are talking about. one should not open his/her mouth so confidently without reading documents from USCIS or talking to an immigration lawyer.
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EkAurAaya
05-13 05:16 PM
This whole discussion is really silly... I'm glad IV leadership is not self centered, atleast from what i see they think about the community on the whole.
Lets put all these fruitless arguments to rest... the ROW vs India/China, Nurses vs Others, EB1 vs EB2 vs EB3!
I'm EB3 India and I have no one to blame but me for being in EB3 (I'm certainly qualified to be in EB2 but I chose to stick around with the same company for the very reason we all are here on this forum... i.e GC)
For those who think its unfair... rather then sulking about it... do something and move to EB2 if you cant wait any longer... or at least support IV in their efforts.
Lets put all these fruitless arguments to rest... the ROW vs India/China, Nurses vs Others, EB1 vs EB2 vs EB3!
I'm EB3 India and I have no one to blame but me for being in EB3 (I'm certainly qualified to be in EB2 but I chose to stick around with the same company for the very reason we all are here on this forum... i.e GC)
For those who think its unfair... rather then sulking about it... do something and move to EB2 if you cant wait any longer... or at least support IV in their efforts.
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chanduv23
10-04 10:21 PM
Now I am definitely in! :D Haven't still heard back from the travel coordinator but requested the flight to be moved to Saturday. So you will have representation from Louisiana!
Most welcome :) see u there
Most welcome :) see u there
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cjagtap
07-20 04:12 PM
my application reached on 2 nd july at 10:23 am at TSC.no check cashed yet
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Lasantha
07-24 11:19 AM
ujjvalkoul
Try this forum. It's a better source of information on Canadian immigartion.
http://britishexpats.com/forum/forumdisplay.php?f=33
Good Luck!
Try this forum. It's a better source of information on Canadian immigartion.
http://britishexpats.com/forum/forumdisplay.php?f=33
Good Luck!
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superdoc
09-20 10:11 PM
In my opinion if you choose to use EAD, I think you will be very much fine with this route but with H1 transfer it will be tricky. You may have to go through 2 H1 transfer to come up clean legally. First H1 transfer to new employer and second H1 transfer to old employer again As you did not work for old employer for one yerar and hence no pay stubs and hence technically H1 dies there and so if old employer is willing "to hire again after one year" your old employer should file new h1 transfer and then you can come clean.
And during all this juggling make 2 things sure.
- You do not get promotion
- You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)
Again before juggling consult the lawyer first.
I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.
If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
And during all this juggling make 2 things sure.
- You do not get promotion
- You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)
Again before juggling consult the lawyer first.
I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.
If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
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jcrajput
09-05 03:00 PM
EB2
PD - OCT 2006
I485 Applied # July 2nd reached at NSC
No receipts, no check cashed
PD - OCT 2006
I485 Applied # July 2nd reached at NSC
No receipts, no check cashed
Hassan11
02-09 01:36 PM
My first PERM (through company A) was denied, as I told before, just because the PERM software automatically denies application with requirements that exceed "normal" SVP level. (Moreover, it accuses you in claiming that the requirements are normal, even if you didn't claim that!) I am not preparing a second appeal. I am preparing a second PERM filing through another company.
I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
where can i find more info about the appeal process?? any links to go to??
Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
where can i find more info about the appeal process?? any links to go to??
Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
EkAurAaya
10-10 05:37 PM
If my parents start now, they go to consulate for high emergency appointment tomorrow get stamp and Start tomorrow night, they will land just in time and I will bring them from the airport, once the get together is over, I will send them back. is that OK? so they will come :D:D:D:D:D
Sounds like a plan... pick up the phone and call them right away, you have committed to some serious dead lines over here :D
BTW Slate ( 54 W 21st St) is also a good place to hang out... they pool tables/ping pong good music too
Sounds like a plan... pick up the phone and call them right away, you have committed to some serious dead lines over here :D
BTW Slate ( 54 W 21st St) is also a good place to hang out... they pool tables/ping pong good music too
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