trueguy
08-11 11:48 AM
Bump
vdlrao
11-19 03:50 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
h1-b forever
09-27 08:58 AM
Did this campaign start?
bharmohan
07-23 10:56 PM
Hello,
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
more...
singhsa3
08-14 10:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
snathan
02-11 01:50 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
USPS is cheap and best...
There is one more thing even cheaper...
put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
USPS is cheap and best...
There is one more thing even cheaper...
put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D
more...
andy garcia
02-23 11:05 AM
Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
You are missing this:
The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
You are missing this:
The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).
pappusheth
05-21 05:01 PM
when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..
I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.
Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..
I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.
Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..
more...
Refugee_New
01-26 07:56 PM
Folks,
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
Winner
01-22 07:24 PM
I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
more...
rkat
08-16 04:39 PM
Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Thanks..!
Thanks..!
ImmiLosers
09-25 05:24 PM
...but could be due to unavailability of visa numbers for EB2-I in September. So even though the ported PD of Nov 2004 is current in September, the October visa bulletin has clarified that the EB2-I numbers were actually exhaused in September. See below:
he is still eligible to file.
he is still eligible to file.
more...
apk1928
04-30 01:36 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
HawaldarNaik
09-28 09:48 AM
No checks cashed, no reciepts in sight.
I grew up hearing that most of the things in America are right and extremely efficient.
However the 485 application processing has left me baffled...astounded...
Not that i am sad that my collegues who filed way way after i did got their reciepts, EAD etc....but the fact that i always thought that there was a proper process in place or atleast a mechanism where applications were processed based on date filed
Today when i call up the 1-800 no they either say 90 days not up...or if i lie and say 90 days up...they say not in the system and will take time...
I thought America was about accountability...responsiblity and ensuring that in case there are errors....prompt action is taken to address the same....i dont see that...at least in my case....
ur thoughts...
I grew up hearing that most of the things in America are right and extremely efficient.
However the 485 application processing has left me baffled...astounded...
Not that i am sad that my collegues who filed way way after i did got their reciepts, EAD etc....but the fact that i always thought that there was a proper process in place or atleast a mechanism where applications were processed based on date filed
Today when i call up the 1-800 no they either say 90 days not up...or if i lie and say 90 days up...they say not in the system and will take time...
I thought America was about accountability...responsiblity and ensuring that in case there are errors....prompt action is taken to address the same....i dont see that...at least in my case....
ur thoughts...
more...
hemya
08-18 10:17 AM
Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.
Approval date was July 14th
Approval date was July 14th
kondur_007
03-20 12:33 PM
I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
more...
jsb
10-26 03:06 PM
Has anybody changed from Attorney to No Attorney? G-28 form has instructions on how to change an attorney, but there is nothing to cancel it altogether.
ivjobs
11-06 05:26 PM
newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.
People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.
For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.
For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
bindas74
05-15 05:04 PM
To Bindas74,
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Hi X-Wing,
Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.
Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )
-Thanks
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Hi X-Wing,
Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.
Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )
-Thanks
snathan
02-11 11:45 AM
applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
Also if above is true and you are not working for H1 employer then you are probably out of status......
Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
Also if above is true and you are not working for H1 employer then you are probably out of status......
Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
shx
10-17 12:10 PM
I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.
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