Legal
08-07 10:44 AM
August Visa Bulletin is out.
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
you have seen guys posting visa bulletins here and you thought today is your turn:p
Don't even try! You can't beat some of the guys around here.
You are going to aggravate more visitors all day, who will give you more red dots and tuen you into a communist. BTW, are you from WB or Kerala?:D
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
you have seen guys posting visa bulletins here and you thought today is your turn:p
Don't even try! You can't beat some of the guys around here.
You are going to aggravate more visitors all day, who will give you more red dots and tuen you into a communist. BTW, are you from WB or Kerala?:D
GC_quest
05-25 06:32 PM
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
msyedy
12-13 12:49 PM
sheshadripv
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
webr
09-07 06:41 PM
Has anyone applied FAFSA or Stafford loan with Parolee status ? , I am planning to apply for my online degree. I have H1B ,but using AP to reenter.
more...
nb_des
02-13 10:17 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).
is there anyway i can claim the entire 3000?
I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).
logiclife
07-21 02:57 PM
The name of the lawyer we have talked to before is Joe Hohenstein.
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
more...
gbadrain
08-12 03:46 AM
See Newbie,
I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
Anyways thanks for ur opinion buddy:)
I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
Anyways thanks for ur opinion buddy:)
chaki
02-11 04:24 PM
I know this question has been dealt with in different contexts. However I have not found a clear answer to my situation below. I would truly appreciate if any one has a definite idea about it.
My labor has cleared (Eb3) and so is my I-140. If I take up a large promotion which is part technical and part managerial can I simply refile my labor under Eb2 and reuse my old priority date. I had a masters (MBA) and 3 years of experience at the time of joining my current company but my labor was filed saying that Masters + 1 yr or Bachelors + 3 yrs was enough thereby making it an Eb3.
If my company refiles under Eb2 will the experience gained under the current company counts. If not will it be enough to say on the new application that Masters + 3 yrs is required for the new position offered.
Thanks,
Chaki
My labor has cleared (Eb3) and so is my I-140. If I take up a large promotion which is part technical and part managerial can I simply refile my labor under Eb2 and reuse my old priority date. I had a masters (MBA) and 3 years of experience at the time of joining my current company but my labor was filed saying that Masters + 1 yr or Bachelors + 3 yrs was enough thereby making it an Eb3.
If my company refiles under Eb2 will the experience gained under the current company counts. If not will it be enough to say on the new application that Masters + 3 yrs is required for the new position offered.
Thanks,
Chaki
more...
LondonTown
05-04 07:58 AM
Hi-
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
geesee
07-17 07:28 PM
IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
more...
indyanguy
11-06 08:31 PM
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
supender
09-21 01:33 PM
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
more...
eb3retro
08-07 08:30 PM
not true for me either..atleast for the next 3 years..oh well, life goes on...:D:D:D
glus
11-06 02:34 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
more...
milind70
04-06 12:55 PM
Can anyone please give me some suggestions..
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
In word from your situation yes you can qualify for the emergency situation
the below are the reasons VFS mentioned when i was going for revalidation
1.Returning worker
2. For attending a funeral
3. If some family member is seriously ill
But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
In word from your situation yes you can qualify for the emergency situation
the below are the reasons VFS mentioned when i was going for revalidation
1.Returning worker
2. For attending a funeral
3. If some family member is seriously ill
But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.
RDB
12-03 11:22 PM
Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
more...
smiledentist
06-21 02:01 PM
bump...
meridiani.planum
06-04 12:44 PM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
quizzer
11-16 01:03 PM
Hi Raj
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
mrajatish
03-25 12:06 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
levelup
10-22 02:22 AM
is really useful for me, I am glad to read it here.
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