gauravster
02-25 09:42 AM
Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."
I am definitely in for such a initiative.
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
This means that visa number must be available at the time of filing I-485.
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."
I am definitely in for such a initiative.
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
This means that visa number must be available at the time of filing I-485.
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
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sri1309
09-25 07:50 AM
Prince,
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
japs19
06-30 08:00 PM
Congrats! Thanks for sharing the news. Just chill and enjoy.
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waitnwatch
04-16 06:32 PM
Seems like a downright slugfest on Fragomen going on! I haven't had the ability to get an immigration lawyer (my employer too didn't provide me with one) so I couldn't comment either way on Fragomen. But it seems Fragomen may just be selling franchises not unlike Subway or Dunkin Donuts. End of the day you just get to work with a franchisee using Fragomen's name. The flip side of this is that there is no standardized lawyer supply similar to raw material supplies Subway or similar franchisees get.
What I say above is in jest but it may quite be true!
Maybe we could operate Fragomen franchises once we get our green cards!
What I say above is in jest but it may quite be true!
Maybe we could operate Fragomen franchises once we get our green cards!
more...
gk_2000
05-24 05:36 PM
What is donor access? Can I have it too? I have contributed $100 (in this thread)..
And can you delete my red's?
And can you delete my red's?
nagamani
06-15 04:35 AM
Dear friends,
Let us not fight -EB2 Vs EB3. I hope people (EB 2) are honest and do not try to cross the line. This is cheating. It is a Sin. Every one has to answer God .
I sincerely request IV to make efforts to push for Schedule A which will benefit all and not to support only EB2. It is everyone contributing irrespective of EB2 or EB 3 for lobbying for schedule A.
Let us not fight -EB2 Vs EB3. I hope people (EB 2) are honest and do not try to cross the line. This is cheating. It is a Sin. Every one has to answer God .
I sincerely request IV to make efforts to push for Schedule A which will benefit all and not to support only EB2. It is everyone contributing irrespective of EB2 or EB 3 for lobbying for schedule A.
more...
Dhundhun
06-25 05:40 PM
Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I did not file for adjustment under fee structure implemented July 30, 2007:
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I think, filing EAD under new fee structure and Adjustment under new fee structure are technically different.
I wish they are same. If they (USCIS) intend not taking $340 again, they should change the words.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I did not file for adjustment under fee structure implemented July 30, 2007:
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I think, filing EAD under new fee structure and Adjustment under new fee structure are technically different.
I wish they are same. If they (USCIS) intend not taking $340 again, they should change the words.
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paulan
08-03 04:51 PM
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
more...
kams
06-19 07:50 PM
You need to file for I-140 before 10/1/07.
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
I have gone through the text of old bill (page 265) and new bill (page 291). There is no difference b/w the two.
I believe cut off date will be Jun 19, 2007.
Please read page 286, line 40-44 and then read Section 502 d, on page 291 line 40-44.
Sigh...
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
I have gone through the text of old bill (page 265) and new bill (page 291). There is no difference b/w the two.
I believe cut off date will be Jun 19, 2007.
Please read page 286, line 40-44 and then read Section 502 d, on page 291 line 40-44.
Sigh...
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jediknight
05-18 10:28 AM
Sent mine and forwarded it to friends.
- JK
- JK
more...
nixstor
07-05 11:46 AM
WHICH is why we need to contact the Lawmakers NOW about this and request more transparency.
I called Kennedy and Cornyn. Asked them if they are aware of the issue. They are not. Did you call? Kennedy 202 224 4543, Cornyn 202 224 2934. I also aksed if Kennedy is going to send letters to two agencies as Rep Lofgren did as he is the senate immigration sub committe chair
I called Kennedy and Cornyn. Asked them if they are aware of the issue. They are not. Did you call? Kennedy 202 224 4543, Cornyn 202 224 2934. I also aksed if Kennedy is going to send letters to two agencies as Rep Lofgren did as he is the senate immigration sub committe chair
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iq5203
06-14 10:22 AM
http://timesofindia.indiatimes.com/Indians-refuse-Air-France-compensation-demand-more/articleshow/4594595.cms
here is the original event details:
http://timesofindia.indiatimes.com/India/Indian-passengers-flying-Air-France-allege-racial-bias/articleshow/4513426.cms
Every now and then i meet people who think/claim that UK/Aus/Canada/France/Germany are better places to live than US. They point at their labor policies, care for human rights, civil liberties such as gay rights etc. Recently heard that French people work the least # of hours in the world.
Despite of all the good things (in theory) in those countries, their racist attitude towards colored people make them less desirable than US. I have not been to EU/Aus but been to Canada at least a dozen times, and personally i feel US is a LOT BETTER country to live for colored people.
I don't understand how you're drawing a conclusion about Canadian racism based on racial profiling by a French airline. I am Canadian, and I can tell you that our policies and general attitudes towards foreigners are better BY FAR than those in the US.
here is the original event details:
http://timesofindia.indiatimes.com/India/Indian-passengers-flying-Air-France-allege-racial-bias/articleshow/4513426.cms
Every now and then i meet people who think/claim that UK/Aus/Canada/France/Germany are better places to live than US. They point at their labor policies, care for human rights, civil liberties such as gay rights etc. Recently heard that French people work the least # of hours in the world.
Despite of all the good things (in theory) in those countries, their racist attitude towards colored people make them less desirable than US. I have not been to EU/Aus but been to Canada at least a dozen times, and personally i feel US is a LOT BETTER country to live for colored people.
I don't understand how you're drawing a conclusion about Canadian racism based on racial profiling by a French airline. I am Canadian, and I can tell you that our policies and general attitudes towards foreigners are better BY FAR than those in the US.
more...
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munnabhai_zz
12-01 10:12 PM
How about sending flowers every day to the house, with a brief message about EB retrogression? Minimal cost, may bring good publicity...
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rbharol
11-08 10:38 AM
As we have been learning, majority of the American public (including your neighbors) associate immigration reform with illegal immigration. Now if you ask them politely and ask whether they support immigration for highly skilled/highly educated individuals (already in the US working), you will hear no protests.
So basically, it boils down to awareness. When we have people affected by retrogression, unaware of the issues, how can we expect a lawmaker to know the inner details?
Just contact the lawmaker's office for creating awareness. Pro/anti-immigration is an after-thought.
Correct. No matter what is the party affliation, if you explain the hardships
of Skilled Workers and their issues, people agree that they should get relief..
(unless offcourse if you are talking to KKKs!)
IV I think has done a great job in spreading awareness.
So basically, it boils down to awareness. When we have people affected by retrogression, unaware of the issues, how can we expect a lawmaker to know the inner details?
Just contact the lawmaker's office for creating awareness. Pro/anti-immigration is an after-thought.
Correct. No matter what is the party affliation, if you explain the hardships
of Skilled Workers and their issues, people agree that they should get relief..
(unless offcourse if you are talking to KKKs!)
IV I think has done a great job in spreading awareness.
more...
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desi3933
03-21 07:17 PM
I read it, not to redicule you but, look who is quoting murthy! :D :D
Its convenient han!
I do not want to go back and forth with you guys. I rest it and thanks for posting the link.
There is a reason, I said read it and understand it. I don't think you have understood it.
I was referring to the opinion letter by Efren Hernandez, Chief (at that time), Business and Trade Services Branch. How does it matter if it was response to a query by lawyer.
Just because I don't agree with a lawyer on a particular issue, it does not mean that I have to disagree with all other issues as well. Do you think that attorney is correct all the time?
The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.
Have a good day!
_______________________
Not a legal advice.
US citizen of Indian origin
Its convenient han!
I do not want to go back and forth with you guys. I rest it and thanks for posting the link.
There is a reason, I said read it and understand it. I don't think you have understood it.
I was referring to the opinion letter by Efren Hernandez, Chief (at that time), Business and Trade Services Branch. How does it matter if it was response to a query by lawyer.
Just because I don't agree with a lawyer on a particular issue, it does not mean that I have to disagree with all other issues as well. Do you think that attorney is correct all the time?
The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.
Have a good day!
_______________________
Not a legal advice.
US citizen of Indian origin
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seeker
06-10 11:29 PM
Guys I hope that this bill doesn't come back. They seem hell bent on reviving it.
http://www.nytimes.com/2007/06/11/washington/11immig.html?ref=us
http://www.nytimes.com/2007/06/11/washington/11immig.html?ref=us
more...
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dagabaaj
09-25 10:05 AM
The mere mention of Fragomen makes my blood boil :mad::mad:. This law frim is the most useless in my opinion. They have no concern for their eventual client. My labor application was rejected :( because of the inefficient ppl at Fragomen. Their attitude was still so casual as if nothing happened. I am forced to use them but I would not recommend this Law firm even to an enemy.
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kumar1305
01-12 09:29 AM
I have not applied for labor yet and already in my sixth year. I will donate $100 for the cause.
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godspeed
06-10 03:32 PM
EB2 China - No Change
EB2 India - October 1st 2005
Good luck to all those who are current!!
Thanks, hope the dates move as our experts have analyzed
EB2 India - October 1st 2005
Good luck to all those who are current!!
Thanks, hope the dates move as our experts have analyzed
GCwaitforever
02-22 01:36 PM
Very sorry to hear this news. If you have EAD, please use AC21 portability after one more month (after six months of I-485 filing). If your employer gives you severence pay, use it as a pay for a month instead of accepting lumpsum.
Hopefully your I-140 gets approved in the mean-time.
Hopefully your I-140 gets approved in the mean-time.
Sideliner
03-14 04:25 PM
Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.
This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.
Unless there is a real need, moving from EB3 to EB2 dont make much sense.
This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.
Unless there is a real need, moving from EB3 to EB2 dont make much sense.
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