anilsal
06-26 05:58 PM
is the date of the approval of the EAD renewal or is the day after the expiry of the current one?
Can the folks who got theirs approved recently answer? Maybe we will know in a few days once they have their EADs in their hands.....
Can the folks who got theirs approved recently answer? Maybe we will know in a few days once they have their EADs in their hands.....
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chintu25
10-06 09:03 PM
i am in and will volunteer arrangements .......
Rb_newsletter
08-07 07:52 PM
Do you wanna know Canada a better option? Have you ever thought of missed the opportunity to apply for AINP?
Seriously I wonder how people work like this. Easy way to manage the schedule slippage is come back on scheduled deadline and just add 4 months to it. All problems solved. :mad:
Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html)
Strategic Recruitment Stream processing times for U.S. Visa Holders
U.S. Visa Holder Category Processing time
Notification (pre-assessment) At least four months
Candidate assessment At least eight months
Total AINP processing time At least twelve months* :eek:
* If you have a full-time job offer from an Alberta employer in a field related to your current occupation in the U.S. you will receive priority processing.
AINP has experienced a higher than expected volume of applications in the U.S. Visa Holder Category. Because of this, priority will be given to applicants who have a valid job offer from an Alberta employer. All eligible applications will be processed, although processing times will vary significantly depending on the volume of applications received. In some cases, it may be at least 12 months before processing commences on an application without a job offer.
Seriously I wonder how people work like this. Easy way to manage the schedule slippage is come back on scheduled deadline and just add 4 months to it. All problems solved. :mad:
Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html)
Strategic Recruitment Stream processing times for U.S. Visa Holders
U.S. Visa Holder Category Processing time
Notification (pre-assessment) At least four months
Candidate assessment At least eight months
Total AINP processing time At least twelve months* :eek:
* If you have a full-time job offer from an Alberta employer in a field related to your current occupation in the U.S. you will receive priority processing.
AINP has experienced a higher than expected volume of applications in the U.S. Visa Holder Category. Because of this, priority will be given to applicants who have a valid job offer from an Alberta employer. All eligible applications will be processed, although processing times will vary significantly depending on the volume of applications received. In some cases, it may be at least 12 months before processing commences on an application without a job offer.
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walking_dude
10-18 01:39 PM
Bestin I've sent you a PM. Please check it and respond ASAP.
Thanks.
Thanks.
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h4hopeful
04-06 10:57 AM
knowDOL, could you please tell me what comes after the Labor cert. until the Employment Authorization (that will let me work)? Thanks.
I know nothing about the law, but as far as I know today the democrats are trying to pass a bill in which the people living illegaly for over 2 years can apply for temporary working visa that will let their spouses work (nothing wrong with that, just the exclusion of the H-4s as spouses of temporary workers which are the only ones not allowed to work). If they do not get 60 votes today, it passes tomorrow to a compromised bill that it says that if you came to US before Jan 1, 2001 you can apply for the work permit, and the green card later and then the citizenship. If you came between 2001 and 2003 you have to go back and get a work permit and come back, and if you came after 2004 no special treatment. since nobody has included in the ammended bills the H-4s it cannot be discussed tomorrow, but I do not know what is the procedure to get a bill considered and debated, there is a bill that considers the H-4s right to work and it is called TALENT "Through the Advancement of Legal and Educated New Talent.” but who knows if it will get considered.
May be the people from immigrationvoice can let us know what is the procedude to get the H-4s work authorization considered, thanks.
I know nothing about the law, but as far as I know today the democrats are trying to pass a bill in which the people living illegaly for over 2 years can apply for temporary working visa that will let their spouses work (nothing wrong with that, just the exclusion of the H-4s as spouses of temporary workers which are the only ones not allowed to work). If they do not get 60 votes today, it passes tomorrow to a compromised bill that it says that if you came to US before Jan 1, 2001 you can apply for the work permit, and the green card later and then the citizenship. If you came between 2001 and 2003 you have to go back and get a work permit and come back, and if you came after 2004 no special treatment. since nobody has included in the ammended bills the H-4s it cannot be discussed tomorrow, but I do not know what is the procedure to get a bill considered and debated, there is a bill that considers the H-4s right to work and it is called TALENT "Through the Advancement of Legal and Educated New Talent.” but who knows if it will get considered.
May be the people from immigrationvoice can let us know what is the procedude to get the H-4s work authorization considered, thanks.
walking_dude
10-15 03:00 PM
Michigan, You Got a 'Meet'
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bigboy007
05-30 07:52 PM
it seems senate is back on Monday do they have any date to meet as till when they are going to discuss.
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bluekayal
06-30 05:18 PM
I had a 2004 PD Labor RIR and my 2006 I-140 used that labor date, because I merely mentioned to an IO at TSC that I had a previously filed labor. My lawyer was shocked when it happened...had never seen it.
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
more...
nakella
09-20 04:22 PM
How about some good video's on You Tube which makes as case for all us. The more the number of hits , we might be on Icaught or in news eventually.
I guess video should be more create and to the point to get attention.
Inexpensive definitely don't know far the voice will reach. Worth giving a shot i guess !!
I guess video should be more create and to the point to get attention.
Inexpensive definitely don't know far the voice will reach. Worth giving a shot i guess !!
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ItIsNotFunny
03-05 01:13 PM
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
I think we need to build case with proper arguments and present in front of Ombudsman.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
I think we need to build case with proper arguments and present in front of Ombudsman.
more...
jchan
02-13 04:16 PM
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
Dear Administrator2\IV core,
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
Dear Administrator2\IV core,
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
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kumar1305
01-12 09:29 AM
I have not applied for labor yet and already in my sixth year. I will donate $100 for the cause.
more...
house I still have some questions about the new features:
gk_2000
03-28 09:21 PM
Well I didn't start using it, I was responding. And thank you no one needs your lecture.
Lecture is needed whenever the expert forgets. And you did use it first in this "discussion". Not mentioning past here. When at fault, just listen up to the music. And I repeat, it's not personal. Personally, I would like nothing better than associate in cooperative spirit and stop all childish bickering.
When Seniors like you get down to using expletives, you are doing something like what Manmohan did when fighting against Advani. He simply lost his own respect. Get me? I consider you as seniors. Dont let that balance be disturbed, for everyone's sake.
Lecture is needed whenever the expert forgets. And you did use it first in this "discussion". Not mentioning past here. When at fault, just listen up to the music. And I repeat, it's not personal. Personally, I would like nothing better than associate in cooperative spirit and stop all childish bickering.
When Seniors like you get down to using expletives, you are doing something like what Manmohan did when fighting against Advani. He simply lost his own respect. Get me? I consider you as seniors. Dont let that balance be disturbed, for everyone's sake.
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jayleno
06-27 08:21 AM
Man...looks like they are working like crazy to get the EADs approved. My spouse's application: Recieved on 9th June, 08 and card production ordered on the 25th June, 08. 16 days...they are doing everything possible to save some money for USCIS(assuming the EAD they mailed is a 1 year one). I wonder why they even came up with the 2 year EAD when their plan is to do this.
more...
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admin
03-17 03:51 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
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dvb123
02-02 12:18 PM
There are around 400 immigration litigation lawyers. If 10 members can volunteer and send this template it can be done. I am in between projects and I cannot devote any more time for this. If anybody takes control of this thread and contacting the lawyers I would be most happiest person. Pls don't tell me that there are no leaders in this group of 25,000 people who can do this miniscule task of contacting 400 lawyers and co-ordinating with them.
http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100
TEMPLATE LETTER
Sir/Madam,
We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.
These are some of the facts from the basic legal research that I have done.
Different Supreme Court Decisions
http://public.findlaw.com/civil-righ...n-history.html
Gratz v. Bollinger
http://en.wikipedia.org/wiki/Gratz_v._Bollinger
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1
Bakke vs Regents
http://en.wikipedia.org/wiki/Bakke_v._Regents
Supreme Court Opinions
http://caselaw.lp.findlaw.com/data/c...ment14/20.html
http://caselaw.lp.findlaw.com/data/c...ment14/30.html
Articles
http://www.usatoday.com/news/washing...me-court_N.htm
http://www.enotes.com/everyday-law-e...against-racial
Thanks,
XXX
http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100
TEMPLATE LETTER
Sir/Madam,
We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.
These are some of the facts from the basic legal research that I have done.
Different Supreme Court Decisions
http://public.findlaw.com/civil-righ...n-history.html
Gratz v. Bollinger
http://en.wikipedia.org/wiki/Gratz_v._Bollinger
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1
Bakke vs Regents
http://en.wikipedia.org/wiki/Bakke_v._Regents
Supreme Court Opinions
http://caselaw.lp.findlaw.com/data/c...ment14/20.html
http://caselaw.lp.findlaw.com/data/c...ment14/30.html
Articles
http://www.usatoday.com/news/washing...me-court_N.htm
http://www.enotes.com/everyday-law-e...against-racial
Thanks,
XXX
more...
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invincibleasian
02-10 07:31 PM
They have to abolish the H1B programme completely since they can no longer prevent its abuse. They need to have a new process in place in which scrutiny occurs for each application of a foreign worker!
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piyu7444
03-20 08:20 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the MEP B's petition is approved I lose the approved peition with EMP A ??? I know the answer but want to see your take.......
I hope you assume this as a new H1B not a transfer or else your post is wrong.
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor.
so there is no question that you recent h1 is valid and past is invalid. I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend
To answer your question Yes nuthing gets transfered. Every time its a new h1b there is no transfer of anything. You can have 2 or more valid approved petition from different employers but you can use only one at a time.
Pay - They are liable and USCIS can question them. All they will have to do is show that this employee (OP) was no show never joined the company so basically agree with you here.
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the MEP B's petition is approved I lose the approved peition with EMP A ??? I know the answer but want to see your take.......
I hope you assume this as a new H1B not a transfer or else your post is wrong.
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor.
so there is no question that you recent h1 is valid and past is invalid. I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend
To answer your question Yes nuthing gets transfered. Every time its a new h1b there is no transfer of anything. You can have 2 or more valid approved petition from different employers but you can use only one at a time.
Pay - They are liable and USCIS can question them. All they will have to do is show that this employee (OP) was no show never joined the company so basically agree with you here.
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nlssubbu
10-01 12:18 PM
No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I totally agree that USCIS is inefficient in using all the visas allocated. DOS provides cut-off dates based on the projection given by USCIS. USCIS always on the defensive and provide the cut-off dates that results in such waste in EB visas every year. I do not think that they are ready to learn from their mistakes, otherwise how come this is a regular issue every year? Even a small relief like using the entire visa allocated will be better in such retrogression.
I hope USCIS will be made liable for the mistakes done in their past and provide those unused visas back to EB.
Thanks
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I totally agree that USCIS is inefficient in using all the visas allocated. DOS provides cut-off dates based on the projection given by USCIS. USCIS always on the defensive and provide the cut-off dates that results in such waste in EB visas every year. I do not think that they are ready to learn from their mistakes, otherwise how come this is a regular issue every year? Even a small relief like using the entire visa allocated will be better in such retrogression.
I hope USCIS will be made liable for the mistakes done in their past and provide those unused visas back to EB.
Thanks
mjadala
06-24 04:55 PM
called and expressed support for these bills. Asked me where I was calling from - IL
njdude26
07-19 09:42 AM
I have an EB3 app from Oct 02. One more PERM filed 2 months back. My wife has an approved EB3 140 waiting to file 485.
We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)
We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)
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