njdude26
09-27 08:21 AM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
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ashkam
09-25 11:12 AM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
ganesha
02-20 06:15 PM
Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:
My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
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GCWhru
07-16 08:37 AM
USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
I am not sure how important the processing dates update, If you look in , there are many approvals whose mailed/application dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
I am not sure how important the processing dates update, If you look in , there are many approvals whose mailed/application dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
more...
pitha
06-28 03:12 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
ckumar
10-12 12:15 PM
Even I was in the same situation till yesterday. I'm a July 2nd filer @ NSC. I got my receipts for I-485/EAD and AP only yesterday. I had to call the customer service and get these numbers. So there's still hope. Hang in there guys. Your receipts should be coming out soon. I'd advice you to call up USCIS and ask them for the status. Good Luck to everyone.
more...
vactorboy29
02-24 03:24 PM
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.
With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.
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kaisersose
12-17 10:16 AM
This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.
USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
more...
scott
July 27th, 2005, 05:12 PM
Ok Gary..this is my interpretation.
This is what I did:
In the RAW window :
Freddy, you lose points for not cloning out the dark spot on the bloom!
This is what I did:
In the RAW window :
Freddy, you lose points for not cloning out the dark spot on the bloom!
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zeta411
12-02 11:58 AM
Here is what I am going through.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
more...
Scythe
10-29 07:57 PM
Well you put tables in houses... so why not put them in websites?
(Going with the given assumption that websites inherit from houses somehow.)
(Going with the given assumption that websites inherit from houses somehow.)
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sagar_nyc
08-10 04:51 PM
WOW Man It's Awesome news .. Congratulations
\
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
\
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
more...
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leoindiano
01-31 10:35 AM
I had this experience before in Pennsylvania, same single bed room, had a PC, fridge, thats pretty much it...
Apartment management said, check with power company. Power company said the apartment have insulation problems. There are quite a few reasons why this may happen..
1) Location of apartment, corner, ground level
2) Old equipment, like washer/dryer, bad insulation
3) Normally in northern states winter power rates are more almost 2.5 times....
the highest i got was $350 dollars at that time, that was in 2004....
Apartment management said, check with power company. Power company said the apartment have insulation problems. There are quite a few reasons why this may happen..
1) Location of apartment, corner, ground level
2) Old equipment, like washer/dryer, bad insulation
3) Normally in northern states winter power rates are more almost 2.5 times....
the highest i got was $350 dollars at that time, that was in 2004....
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lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
more...
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sledge_hammer
07-09 11:44 AM
I agree 200% with you...
In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.
I am not being rude here, consider this post in a humane nature
In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.
I am not being rude here, consider this post in a humane nature
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satishbsk
07-08 05:58 PM
How do u know that?
When I and my wife gave DNA, the volunteer who collected told that they collected 20 k so far and it is tough to get a match, and it might be only Indian DNA may match to Vinay.
When I and my wife gave DNA, the volunteer who collected told that they collected 20 k so far and it is tough to get a match, and it might be only Indian DNA may match to Vinay.
more...
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gcwanter
06-27 08:38 AM
If i am on H1 and am the prinicipal applicant ; what is my A# number?
Is it the number on I94?
assume I140 is pending
Is it the number on I94?
assume I140 is pending
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mdmd10
09-11 03:59 PM
Just voted. I am still waiting for a miracle.
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user1205
09-05 12:05 PM
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
tonyHK12
10-04 02:21 PM
I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. .
I contribute just 2-4% as I don't get company match. Regardless if you get a match, I know some friends who prefer to put it in India/mother's fixed deposit accounts for 8-10% interest, or if you have a PF account still open its an option. Property prices there too may shoot up in some areas, giving a good return, while here they may stay stagnant for many years.
Some banks allow NRIs to trade stocks or mutual funds in India too.
The only reason for 401K is if you plan to retire here.
Liquidity is a big problem as you have to quit the company for withdrawal from 401K. Some 401Ks give you loan at 2-3% interest. Its kind of strange because its your own money.
I contribute just 2-4% as I don't get company match. Regardless if you get a match, I know some friends who prefer to put it in India/mother's fixed deposit accounts for 8-10% interest, or if you have a PF account still open its an option. Property prices there too may shoot up in some areas, giving a good return, while here they may stay stagnant for many years.
Some banks allow NRIs to trade stocks or mutual funds in India too.
The only reason for 401K is if you plan to retire here.
Liquidity is a big problem as you have to quit the company for withdrawal from 401K. Some 401Ks give you loan at 2-3% interest. Its kind of strange because its your own money.
Robert Kumar
01-02 11:25 AM
Hi,
Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.
Thank You,
Bobby.
Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.
Thank You,
Bobby.
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