styrum
01-18 04:05 PM
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
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gclabor07
10-19 09:31 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
gc28262
03-11 07:49 AM
For me, I am like everyone else on the forum. I want my GC now :D
The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.
We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.
I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.
The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.
We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.
I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.
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nc14
09-10 10:43 AM
How many posts are required to access chat feature?
It seems I don't have the number of posts necessary to log in. Is there anyway I can just view the live updates?
It seems I don't have the number of posts necessary to log in. Is there anyway I can just view the live updates?
more...
sathyaraj
03-06 10:54 PM
Hi All:
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
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ramee
06-28 11:29 PM
Thank you Dhundhun.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
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eeezzz
03-04 03:39 PM
According to Mr. Gotcher (http://immigration-information.com/forums/showthread.php?t=4409)
Here are of the 5th and 6th paragraphs from Visa Quotas section at the very first post.
In addition to the �fall down� numbers, there are also �spill over� numbers. That is, to the extent that the worldwide category does not use all of the numbers available to it, the remaining numbers spill over and become available to the countries that are impacted by the single country limit.
In order for there to be spill over numbers, however, the worldwide third preference category much be �current� (that is, it may not have a cutoff date). When this happens, then unused worldwide numbers spill over and become available for applicants affected by the single country limit.
Here are of the 5th and 6th paragraphs from Visa Quotas section at the very first post.
In addition to the �fall down� numbers, there are also �spill over� numbers. That is, to the extent that the worldwide category does not use all of the numbers available to it, the remaining numbers spill over and become available to the countries that are impacted by the single country limit.
In order for there to be spill over numbers, however, the worldwide third preference category much be �current� (that is, it may not have a cutoff date). When this happens, then unused worldwide numbers spill over and become available for applicants affected by the single country limit.
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masouds
02-15 04:14 PM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."
This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.
Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."
This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.
Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
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reedandbamboo
09-14 02:03 PM
Hi,
This is for EAD Renewal (I-765)
I was working on H1 till May 08 now I am working on EAD
What should I write in column 15.(Current Immigration Status) in I-765 form
When I was on H1 in 2007, during first time EAD appliaction I filled with H1B
Please advice.
Thanks
JSQUARE
I have the same question.
This is for EAD Renewal (I-765)
I was working on H1 till May 08 now I am working on EAD
What should I write in column 15.(Current Immigration Status) in I-765 form
When I was on H1 in 2007, during first time EAD appliaction I filled with H1B
Please advice.
Thanks
JSQUARE
I have the same question.
more...
Jaime
09-10 11:54 AM
Are you guys in jail or something?And unless you already have your green card, you are too
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pmb76
03-15 08:28 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
more...
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BharatPremi
09-26 07:23 PM
[QUOTE=BharatPremi;173398]Hermione,
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]
Yeah, and everyone is out there to get you.
Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.
I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]
Yeah, and everyone is out there to get you.
Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.
I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.
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sertasheep
07-04 01:24 AM
Hello Veeru,
Your questions not frivolous. We will keep members updated on our course of action.
More than anything else, we require our members to stand by us, and create awareness in the community.
Thank you for your patience, and faith in us.
On behalf of Core IV team
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
Your questions not frivolous. We will keep members updated on our course of action.
More than anything else, we require our members to stand by us, and create awareness in the community.
Thank you for your patience, and faith in us.
On behalf of Core IV team
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
more...
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dagabaaj
02-12 04:23 PM
http://caffertyfile.blogs.cnn.com/2009/02/12/change-immigration-policy-in-light-of-job-losses/
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mrane1
03-15 06:30 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
more...
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samrat_bhargava_vihari
01-17 02:54 PM
Came to know about this and signed up for 20$.:)
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sri1309
12-12 06:43 AM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Kumar,
We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
But not in my case. Doesnt look in Kavita's case or many others, as I see.
Compare that with US consulate and DOS VISA bulletin and GC process...
Kumar,
We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
But not in my case. Doesnt look in Kavita's case or many others, as I see.
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GCard_Dream
12-13 11:37 AM
We should be able to submit this question to the lawyer's conference call organized by IV and see what's their take is on this. I wonder what the procedure is to submit the question. I have never done that before.
webm
06-20 03:01 PM
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rpulipati
09-26 11:06 AM
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
I support H1-B's and please continue in the debate for H1-B's.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
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