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  • rajeev_74
    04-25 08:32 AM
    Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!




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  • ItIsNotFunny
    11-10 03:42 PM
    Nice to read. How much you trust USCIS and Ron Gotcher is a different issue to discuss :)




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  • amaruns
    07-09 06:20 PM
    Couple of us out here




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  • EternityInLimbo
    05-02 10:43 PM
    PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?

    PD Sept 2001, RIR EB2 (completed MD SWA Nov 2003 before going BEC), response confirmation filed Jan 2005, no further word... Just got my 10th-year H-1B extension approved.

    How's this for a sad, twisted case of one-upmanship!
    Almost glad for the company, but at the same time really sorry for it.

    I mentioned this in another thread, but I heard from my law firm that the Philly BEC was prioritizing resource allocation to entering cases into their system, rather than in reviewing (and approving) the cases...



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  • logiclife
    04-26 04:46 PM
    My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?

    Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.

    Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.




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  • addsf345
    11-13 08:21 PM
    This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.

    However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?

    URL: http://boards.immigration.com/blog.php?b=34

    AOS Pending, Should H-1 be Renewed by Rajiv S. Khanna

    whether an H-1 should be renewed while the AOS is pending.

    ---------------------------------------
    Bottomline - I think H-1 should be renewed.

    A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:

    One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.

    Two, if your AOS were to be denied (even in error), you would have no way to work, because the EAD goes with the AOS. And since there is no appeal against AOS denial, only an MTR can be filed. While the MTR is pending, you are not given a work authorization (as of now, July 2008). In addition, you would not be able to get n H-1 extension beyond the original six years because nothing is pending and "final action" has been taken on your green card. This could result in a situation that can be very dangerous. You do not have an H-1, a pending MTR gives you no legal status to sty in the US. Not only can you not work, you are deportable and you are accruing illegal presence even though the MTR is pending.

    While CIS has done well to eliminate the first concern by reinstating the interim EAD issuance policy, the second concern still bothers me. While erroneous denials are few an far between (thank heavens), they do, nevertheless, occur. So, just maintain your peace of mind by keeping your H-1 active. That is my opinion. Reasonable people can easily argue against this and perhaps, their points of view may be just as valid.

    All the above holds true, whether or not you intend to use AC21 portability. :confused: :confused: :confused: :confused: :confused:



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  • Mohit_Malkani
    07-28 09:11 AM
    Xela,

    What did your employers letter say (I'm a little confused about the "employer letter till feb 1st 2010" part)




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  • Chiwere
    06-10 11:32 AM
    Drunk while Intoxicated :D



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  • addsf345
    11-10 02:27 PM
    Chandu,

    Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.

    I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.

    this is quite interesting and a big relief if true.

    Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)

    I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.

    "An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."

    Good find desi485, gave you green!

    Can any one else confirm this? Is there anyone who have discussed this with their own attorneys? or have first hand experience? Please share with rest of the IV community. I am specifically worried over if I will be able to continue working for new employer on EAD in above unfortunate scenario????

    I am planning to join govt agency which is not ready to file for H1B, and also going on unpaid leaves may not be an option as well. Should I take this risk?




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  • trueguy
    03-03 11:11 AM
    Not much movement.

    EB2-I : 15 August 2004
    Eb3-I : Either U or 15 Jan 2002.


    Thank's
    MDix

    I agree. EB3-I would go U for rest of the year.



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  • for_gc
    10-01 04:27 PM
    If let us say 20,000 visas were unallocated in 2007 and USCIS realized that on the 28th of September, 2007, they still wont be able to use up those 20,000 visas. Because the priority dates were pushed back so far that there probably isn't that many applications that have completed the fingerprinting and name check stage. So, we have another reason to believe that USCIS may not be able to use up all the visa numbers just because of the priority dates (even if they worked throughout the weekend).

    So it makes sense "now" to put the cut off dates a little conservatively because USCIS has already received those applications. They should be allowed to approve them according to the visa number availability and the case status in a first come first serve basis (considering the receipt and priority dates).

    Well said.




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  • Green.Tech
    06-20 03:19 PM
    Please contribute.



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  • sam_hoosier
    01-03 04:06 PM
    I plan on staying here for 5 more years and then I am going back - GC or no GC ;)

    After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.

    For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.

    My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.

    To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.




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  • kshitijnt
    06-26 02:08 PM
    I totally agree with you, but think about this.

    For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.

    My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.


    I have already said that those being replaced will come in at a lower salary and contributing less taxes. Because if you are in late 20s, early 30s then you are about to settle down. I dont know how many people at this level want to come to America. Even in India people at this age will not want to come to US if they have children who are about to go to school. So these guys will most probably be replaced with younger workers.

    Again, how long this game of fooling people will go on?

    People from other countries are there and willing but they dont have the same NUMBERS that India and China have. Like can 5000 people of SAME quality and salary come here from say western europe? If they can, why are they not trying it already? I work with lot of europeans in my team. I think they want to visit here but dont want to live here.



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  • baburob2
    03-15 06:25 PM
    Overall no big progress w.r.t our title's though Brownback's comment on immigration numbers is good.

    Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
    Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"


    The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.

    The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.

    1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.

    2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.

    3. A Leahy amendment on security-related issues passed by voice vote.

    4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.

    5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.

    6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.

    7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.

    8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.

    9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.

    10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.

    Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.

    Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�

    Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�

    Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.

    Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.

    Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.

    Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�

    Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.

    In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.

    The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.

    http://www.aila.org/content/default.aspx?docid=18835




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  • kaisersose
    06-24 12:30 PM
    Hasn't this been discussed already?

    It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.

    The delay causes anxiety & frustration only for us applicants. So the impact is only on us.



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  • sathweb
    03-04 04:59 PM
    Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.

    Has anyone had a similar experience.

    My PD: Aug 2004
    Cat: EB3 India.


    This is what I think is happening.
    USCIS/DOL system is getting sophisticated day by day. I am positive that they must have some triggers in the system that will automatically notify Immigration Officers about suspicious activity.
    Now a day�s USCIS is trying to deny as many cases as possible. So, they don�t want to miss any opportunity to deny or investigate your case.
    It is not pre adjudication process. It is aggressive denials.




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  • arihant
    08-08 02:38 PM
    After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?




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  • h1techSlave
    09-01 12:59 PM
    I came in July 1998.




    ashutrip
    06-21 02:12 PM
    Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
    thank you....not beeing sarcastic....I have been employed by a desi company for 6 years....you wont know what I m going thrujust on humorous note....where can I find one chill pill....I need it badly.....




    gc_check
    07-21 07:31 AM
    Friend

    I recently got a aloan from BOA on EAD without any probem.
    The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.

    If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.

    Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.



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