Ramba
08-08 12:22 PM
Guys,
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
0.0001% chance that your 485 will be approved when your PD is not current.
Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
0.0001% chance that your 485 will be approved when your PD is not current.
Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.
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senthil1
06-20 02:23 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
cram
04-13 09:33 PM
I can now finally file my I-485 with my PD of Oct 2002. Can somebody please tell me the GC processing time frame? Thanks.
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buehler
08-22 10:18 AM
Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.
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gc28262
07-29 01:18 PM
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
Country limits is just a disguise for racism. !
And one way to try to manage this is by country limits.
Country limits is just a disguise for racism. !
cmathew
04-01 08:46 PM
send fax 10 , 11
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nixstor
11-16 02:59 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.
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kaisersose
06-05 03:27 PM
Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time.
Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.
I don't think they have any interest in making their system look better. It is what it is.
Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.
I don't think they have any interest in making their system look better. It is what it is.
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sheela
02-21 09:20 AM
Sheela,
when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.
It was in sept 07.
when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.
It was in sept 07.
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abhidos37
08-22 05:41 PM
Mine is EB3 from India. I still hope the next years numbers could be coming out on Oct.
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acecupid
05-31 02:06 PM
Voted and posted a comment as well.:cool:
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manupushye
02-02 11:07 PM
Contact him. he is Texas Senator & very prompt in his replies and quick followup with USCIS.
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sledge_hammer
02-27 05:27 PM
Define "unprofessional" and how it applies to the replies here?
In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.
We are not talking here about the idea of sex before marriage, , drinking, or other values that are left to the individual's personal moral beliefs. We are not talking about that here. We are discussion DRUGS in case you were not paying attention.
Maybe you should put down that bong you've been smoking when you typed that so that you can focus on the topic at hand
With your history of getting rammed here i would avoid saying that if i was you,
I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.
In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.
We are not talking here about the idea of sex before marriage, , drinking, or other values that are left to the individual's personal moral beliefs. We are not talking about that here. We are discussion DRUGS in case you were not paying attention.
Maybe you should put down that bong you've been smoking when you typed that so that you can focus on the topic at hand
With your history of getting rammed here i would avoid saying that if i was you,
I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.
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jchan
06-05 09:46 AM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
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nomorelogins
11-18 12:51 PM
Filed under "thoughts from porcelain throne".
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kaisersose
08-24 10:42 AM
I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
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mdforgc
02-21 05:01 AM
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
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gk_2000
11-03 04:47 PM
It is high time, we support this initiative from Senator Menendez.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464
"It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill."
Is it updated in Thomas, govtrack, etc? I didn't find it..
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464
"It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill."
Is it updated in Thomas, govtrack, etc? I didn't find it..
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viv24
05-26 12:13 AM
My problem is that, i have approved h1b, went for stamping to canada, got stuck there for 60 days under 221g, the consulate has still my stamping pending,meanwhile to protect my job i used my AP.
my questions, do i have use ead or can stay in h1b when the stamping is pending.
my questions, do i have use ead or can stay in h1b when the stamping is pending.
gc_on_demand
06-01 11:08 AM
I did my part
bigboy007
11-02 10:22 PM
Atleast for me there is no hope for CIR, Peicemeal seems a best option, recently there was a WSJ report that President had agreed for piecemeal if CIR doesnt pass... but we need to be very very watchful...
after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...
after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...
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