shivarajan
08-14 08:14 PM
USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
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sundarpn
04-30 07:05 PM
You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
mhtanim
03-03 03:26 PM
Well.. either way they are making things more opaque.
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gondalguru
09-29 11:58 AM
Its kinda confusing and really not that big or sensational.
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
more...
larmani
08-14 12:30 AM
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
WaitingForMyGC
01-11 02:38 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
more...
LostInGCProcess
03-16 02:46 PM
You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
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nikh
11-30 12:24 PM
As per the document:
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
more...
rbalaji5
02-20 05:25 PM
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
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Administrator2
05-08 04:59 PM
Juliana Barbassa from Associated Press reporter is writing a story about legal immigrants with ITIN holders being denied economic stimulus checks. Please contact Ms. Barbassa to speak-up about this extremely important issue. Here is a message from her requesting members of Immigration Voice to contact her for in interview.
------------------------------------------------------------------------
Hi --
I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.
I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.
I can be reached at this email address: immigrationreporter@hotmail.com
Thanks much for your help,
Juliana Barbassa
------------------------------------------------------------------------
------------------------------------------------------------------------
Hi --
I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.
I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.
I can be reached at this email address: immigrationreporter@hotmail.com
Thanks much for your help,
Juliana Barbassa
------------------------------------------------------------------------
more...
Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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saurav_4096
10-15 10:38 AM
I think you there should not be problem as you have new job offer...
One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.
Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?
Good Luck...
One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.
Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?
Good Luck...
more...
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Ramba
03-28 01:44 PM
if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??
all this calculation are possible, only if per country quota is eliminated.
all this calculation are possible, only if per country quota is eliminated.
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kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
more...
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sanjeev_2004
05-26 03:21 PM
Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.
It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.
thanks.
It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.
thanks.
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krishmunn
11-30 02:32 PM
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.
From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.
more...
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maximus777
10-27 04:18 PM
Last week I had the unfortunate experience of being "let go". This is my current situation:
EB-2 India PD July 2008
I-140 approved in April 2009
Currently on 7th year of my H1-B which is valid till May 2013.
Now the question I have is, if I were to transfer my H1-B visa to some other company (non consulting fulltime role), will I get an additional 3 years extension, i.e., till Oct 2013 or will it be only till May 2013?
Greatly appreciate any thoughts here. Thanks!
EB-2 India PD July 2008
I-140 approved in April 2009
Currently on 7th year of my H1-B which is valid till May 2013.
Now the question I have is, if I were to transfer my H1-B visa to some other company (non consulting fulltime role), will I get an additional 3 years extension, i.e., till Oct 2013 or will it be only till May 2013?
Greatly appreciate any thoughts here. Thanks!
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wam4wam
09-18 02:20 PM
http://yahoo.reuters.com/news/articlehybrid.aspx?storyID=urn:newsml:reuters.com: 20060918:MTFH27357_2006-09-18_15-18-53_N18207230&type=comktNews&rpc=44
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john2255
07-21 08:32 AM
What you should do immediately.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],
COSPONSORS(6):
Sen Enzi, Michael B. [WY]
Sen Gregg, Judd [NH]
Sen Smith, Gordon H. [OR]
Sen Sununu, John E. [NH]
Sen Coleman, Norm [MN]
Sen Voinovich, George V. [OH]
If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Grouped by Home State
Alabama: (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],
COSPONSORS(6):
Sen Enzi, Michael B. [WY]
Sen Gregg, Judd [NH]
Sen Smith, Gordon H. [OR]
Sen Sununu, John E. [NH]
Sen Coleman, Norm [MN]
Sen Voinovich, George V. [OH]
If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Grouped by Home State
Alabama: (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
spicy_guy
11-05 03:06 PM
I agree. There are circumstances this modern life brings us, which cannot be avoided by unlucky souls.
crystal
08-25 06:39 PM
If u want to, you can apply for H1 extension as ur labor is more than year old. You will get one year h1-b extension, as ur I-140 is not approved yet. With approved I-140 u would get 3 year extension
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