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  • bestin
    03-24 09:31 AM
    but does your I-140 need to be approved before you can use your EAD?

    NO.U can start using it.But if 140 is denied you cannot renew it.


    More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..

    Yes you can travel on AP.




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  • gg_ny
    08-23 01:02 PM
    When is the Senate meeting and is it scheduled to take up the skil bill this year??...
    When can it take it up next year??...

    Could you please give some dates???.

    I don't want to sound cynical but restate and emphasize what I have shared with the group over past few months. Everytime, around a deadline or around something we think as a cure, we build up hope, hype, leading to hysterical exchanges of postings, name callings, subsequent regrets , pre-mature back-pattings and in the end, enormous amount of disappointment.
    I wish we could avoid this over SKIL Bill. The trend which many of us do not want to see is that the bill is just a decoy to satisfy industry-backed hard-currency donor stakeholders. The underlying mood among the majority of the members of Congress is not to seen as someone who gives even an inch **for** immigration. Any member who is seen as supporting openly for immigration on the floor would be a red herring or someone wearing a bull's eye while walking by a shooting range. This is the fact and any amount of new forum topics, name callings, challenging admin members etc. will not change the reality. Anybody familiar with the currents of democratic politics would know to expect no improvements - but only noises- over contentious issues 70 days before a critical nation-wide election. This is true for US of Americal, India or any other democratic country.
    Guys, harden yourselves. IF and a big IF, something could happen, it should happen only with the new congress in place. That gives you a timeline starting from late December 2006. Add in a month or two at least for the matter to soak into among the new members, committees reorganized, scope of the issues redefined, proposed bills rewritten based on the current political climate.
    I would bet on spring of 2007 and you may start praying that the issue gets settled positively before Thanksgiving of 2007 as after that would be, roughly, the start time for next Big election cycle. Just before you shoot emails criticizing me or my posting, please note that my visa number is retrogressed too and I have no ulterior motives to make this posting.




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  • TomPlate
    07-17 10:35 PM
    You should not have a problem. But you will get an RFE and then you need to complete. But good if you can get medical examination completed, because almost everyone would have put that shot in India. Convey your doctor to say yes and complete it.




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  • Libra
    08-31 12:03 PM
    All midwest members please go to this thread and cast your vote

    http://immigrationvoice.org/forum/showthread.php?t=12599



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  • prdgl
    02-18 09:45 PM
    I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


    Which one is best to do ? Your suggestions please.




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  • ksvreg
    09-01 04:55 PM
    Looks like preadjudication of pending cases working nice and fast as soon as dates are available. Keep it up. (to the system :))



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  • dealsnet
    10-07 12:47 PM
    Your daughter is a citizen ?
    How she filed your I-485 ?

    My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

    Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

    I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

    Suppose she gets married before the green card what will happend to her case. Please I need advise.




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  • EkAurAaya
    07-17 12:09 AM
    From what I have heard so far, you need the receipt number. Talk to your lawyer asap.

    yes that is what my lawyer said, i think you need to include the a# once you have it from one application



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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.




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  • natrajs
    05-17 10:03 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!

    Congrats and Best Wishes



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  • mwin
    12-17 01:05 PM
    I am pretty sure $10,000 is limit while coming into USA. While going to India, the limit is much less, about Rs.12,000 or so (check with some Indian websites). I know, you need declare (for Tax purposes) if you carry more than this amount. I don’t know tax liability of this declarion. Also, the amount varies on the purpose and duration of abroad trip.




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  • iman.karta
    04-15 05:33 PM
    Dear Sir/Ma'am,

    I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
    I am applying for an immigrant visa via employment-based; EB2.

    I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
    I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
    And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.

    The question is:
    1. What is the alternative that I have?
    2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
    Do you think these will be sufficient?
    3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.

    Thank for the input.

    Warm regards...



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  • kondur_007
    10-21 10:35 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
    Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.

    One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).

    Good Luck.




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  • mallu
    09-26 10:03 PM
    Thanks. But GC still sucks because of the long process. Good Luck to everyone.

    PD - 04/2002
    EB3 - ROW
    I-485 RD - 03/2007
    I-485 AD - 09/2007

    Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.

    I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(



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  • mariner5555
    03-14 03:01 PM
    I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
    I think rather than a new campaign which asks members to send postal mail we should have one clear and nicely written letter where members can put their signatures or vote electronically (I guess something like this exists) ..this letter (with thousands of votes / signature) can then be sent to various organizations and important people (president, congress, realtors, lobbyists etc etc).
    I guess the main point to say would be the long waiting times, inefficient USCIS etc due to which lot of immigrants are going back to their home countries (therby leading to more outsourcing), lot of immigrants are not making big financial purchases (buying homes etc) etc etc

    footnote - The reason I bring housing is US always speeds up GC processing whenever they face a crisis - from what I have heard in 70's when they needed civil engineers and doctors - they would give them GC's very quickly ..whichever financial news you read - the bottom line is no one is buying houses - in legal immigrants case - why the heck would they if they dont know if they will be able to stay here permanently :-D




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  • mehulpatel2
    09-30 03:19 PM
    How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

    thanks,



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  • Sakthisagar
    11-16 01:05 PM
    Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??




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  • prasadn
    03-01 08:27 PM
    When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.

    1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?

    2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?

    Thanks in advance,
    Prasad




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  • rajsand
    10-05 02:31 PM
    Same situation here any ideas?
    Guess this should be fine




    lazycis
    12-05 12:14 PM
    Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.




    BharatPremi
    10-19 10:43 PM
    Based on my final travel plan in November (Yet not finalized), I will vote or not vote by November 9th.



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