stevestamps
08-20 06:33 PM
i have faced same problem in NC, we can't do anything unless we go out of country and get visa stamped in passport. rules have been changed in NC DMV since last year. i have visited 3-4 DMV's in NC, everyone told same thing.
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
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sunny1000
06-02 11:20 PM
True , hope it will relieve as house sees through it and will make life of all easier by making it amendments or even drop the whole law , We dont want it.
But also can some one point to me to place where it says H1B is not dual intent , i could only find DUAL iNTENT for some students.
It was in shutterman's website that was quoted in this forum somewhere reg dual intent provision.
But also can some one point to me to place where it says H1B is not dual intent , i could only find DUAL iNTENT for some students.
It was in shutterman's website that was quoted in this forum somewhere reg dual intent provision.
WillIBLucky
12-19 07:16 AM
There are many people who have contributed and will be contributing again. But can I know how would more money would have helped convincing Senator Sessions to say "Yes" for the bill??
I am not sure if more money would have passed the bill in Lame Duck session without Senator Session approving it. Also, the lawyers ask only for the service they render to you. They dont ask money for keeping your application with them and unable to process because of retrogression.
You may want to get in touch with core members if you have questions. They are very prompt in answering questions.Such posts will only create roadblocks to the momentum created on the forum by some of our members. It is time to help rather than ask. We have seen in the lameduck session how close we came to getting the bill passed. If IV was not there, even this much was not possible. We give thousands of dollars to our lawyers, can't we simply give 20 dollars to IV without asking questions and believing in this cause?
I am not sure if more money would have passed the bill in Lame Duck session without Senator Session approving it. Also, the lawyers ask only for the service they render to you. They dont ask money for keeping your application with them and unable to process because of retrogression.
You may want to get in touch with core members if you have questions. They are very prompt in answering questions.Such posts will only create roadblocks to the momentum created on the forum by some of our members. It is time to help rather than ask. We have seen in the lameduck session how close we came to getting the bill passed. If IV was not there, even this much was not possible. We give thousands of dollars to our lawyers, can't we simply give 20 dollars to IV without asking questions and believing in this cause?
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GCFISH
07-18 01:18 PM
Hi,
I made my one time payment yesterday..will do it again soon.
I made my one time payment yesterday..will do it again soon.
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tonyHK12
05-06 10:39 AM
How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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zoooom
08-19 03:14 AM
Bump
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NKR
06-10 11:29 AM
Drunk With ImmigrationVoice. :D
Good one :)
Good one :)
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chanduv23
10-21 05:00 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
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punjabi
09-10 08:59 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
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skv
06-27 07:15 PM
Any march approval?
Hope you should get soon..... :-)
Mine is May 14th.
Hope you should get soon..... :-)
Mine is May 14th.
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nirenjoshi
03-09 06:14 PM
Added info about April VB to past VBs table.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?
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Kodi
06-21 11:44 AM
I think what he meant is 20 since Jan till now. My attorney has 10 pending and the oldest is from Feb.
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bindas74
11-29 09:49 PM
Hi All,
This is a nice thread. Found all the answers I was looking for. Still some lingering doubts in my head::)))
So, has anyone started working on EAD for their/or spouse's LLC?
Why cant I work on my H1B instead( for my spouse's company )? That would take away some risk. Wouldnt it??
Do we need to submit any tax docs( for the new company I would be moving to) when we apply for the AC21 or at any later stage??
Can someone please answer?
-Thanks in advance
This is a nice thread. Found all the answers I was looking for. Still some lingering doubts in my head::)))
So, has anyone started working on EAD for their/or spouse's LLC?
Why cant I work on my H1B instead( for my spouse's company )? That would take away some risk. Wouldnt it??
Do we need to submit any tax docs( for the new company I would be moving to) when we apply for the AC21 or at any later stage??
Can someone please answer?
-Thanks in advance
more...
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anurakt
12-18 02:31 PM
I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.
Hit them where it hurts the most.
Ok I will sound negative....but I find this funny that we are not able to make up numbers in state chapters and talking about mass boycott. Guys to make these ideas work, we need to have a strong network to execute. Members on the ground ...have we achieved this , no ...Gandhi had millions of followers to acheive what he acheived , he didn't do it alone..... are u a Gandhi even for your state ?
Hit them where it hurts the most.
Ok I will sound negative....but I find this funny that we are not able to make up numbers in state chapters and talking about mass boycott. Guys to make these ideas work, we need to have a strong network to execute. Members on the ground ...have we achieved this , no ...Gandhi had millions of followers to acheive what he acheived , he didn't do it alone..... are u a Gandhi even for your state ?
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bsbawa10
09-10 04:03 PM
Completely Agree with you. Rather have some process than none.
I agree 100% too. Just feel so helpless.
I agree 100% too. Just feel so helpless.
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saimrathi
07-18 12:38 PM
I posted this on another thread.. Recapturing lost visa numbers from yester years has to be top priority..
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
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vbkris77
02-26 02:39 PM
Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.
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kinvin
05-08 03:25 PM
Does anyone know about how much time the Labor department takes to approve a case under TR after the recruitment formalities are done by the employer.
ak_2006
06-04 01:15 PM
:)Thanks to Zappy and rpchalasani...
Zappy...:DEnjoy the moments....:D
Zappy...:DEnjoy the moments....:D
priti8888
07-23 06:39 PM
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
we are EB3 India---
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
we are EB3 India---
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