immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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maine_gc
09-14 03:50 PM
LUD on my I-140 is 8/5/2007.
Notice date is April 26
Notice date is April 26
HawaldarNaik
11-20 11:47 AM
Paper
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GCwaitforever
10-16 05:07 PM
$500000 in a federally designated low employment area. $1 Million else where.
more...
quiquincho
05-20 05:47 PM
well said I agree, I gonna go to tijuana and burn my passport and come back illiegally walking and starting working in some car wash .
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
jediknight
04-05 09:56 AM
Has anyone on a EAD or H1 taken a FHA house loan?
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
more...
forever
07-27 03:46 PM
Can I interfile even if PD is unavailable?
No. At the time of interfiling, the priority date should be current.
No. At the time of interfiling, the priority date should be current.
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sbabunle
07-18 07:25 PM
Here is my plan. Make as much dollars as I could. Stay as long as I could. Probably stay illegal for some years. ( So that I dont need to pay taxes too )Buy some land in Kerala( My home state) Plan rubber and pepper and ginger. And forget programming. All IV members are welcome to my ranch..:D :D :D
more...
ebizash
04-05 01:52 PM
Did any one of you, who refinanced, owe more than the home's worth? For example, house is worth 200K but the current mortgage balance is $230K or something. I heard that the new Obama initiative will help these people refinance with FHA. Anyone knows if that is true?
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WaldenPond
12-30 02:02 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
more...
urstruly
07-26 09:51 PM
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
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josecuervo
08-11 03:38 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congratulations on your GC
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congratulations on your GC
more...
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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chanduv23
09-03 10:00 PM
Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
more...
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kaisersose
09-17 12:02 PM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
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rameshk75
02-12 03:38 PM
I think you are not Out of Status as your H1 renewal is pending. You can wait for your exyension...
more...
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vjkypally
07-18 09:59 AM
Just sent this to 10 of my friends, keep spreading the word
www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
recapture of visas wasted last few years
remove country based quota for employment based GC
and many more. Also remember it is non-profit and run by people like us stuck in this process.
Cheers and for confirmation check the article below from business week,
--------------------------------------------------------------------------------
http://businessweek.com/bwdaily/dnfl...eek+exclusives
www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
recapture of visas wasted last few years
remove country based quota for employment based GC
and many more. Also remember it is non-profit and run by people like us stuck in this process.
Cheers and for confirmation check the article below from business week,
--------------------------------------------------------------------------------
http://businessweek.com/bwdaily/dnfl...eek+exclusives
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member123
09-17 10:10 AM
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
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GotGoose?
04-11 07:46 PM
Added 2 more stamps. (eye theme)
HRPRO
04-26 11:03 AM
You definitely need an attorney's representation. Dont waste time mulling over it as more time you waste, bigger the problem.
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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