sanjay
02-23 10:21 PM
I need an info from some one who had filed AC21 with an attorney. I want to apply my AC21 and asked my attorney to do so. But he is asking for $1500.00. Is this amount normal or I was asked for an abnormal amount. I thought its just informing USCIS by sending a letter only. But, is he charging me $1500 just to draft a letter?
I am looking for a constructive answer instead of vague assumptions / replies. It's an urgent issue for me to deal with.
I am looking for a constructive answer instead of vague assumptions / replies. It's an urgent issue for me to deal with.
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abhijitp
08-02 04:42 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
GCwaitforever
06-20 03:35 PM
My mistake. Gsc999 has to refile with new employer and port old portability.
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bluekayal
10-19 11:54 AM
pmpforgc and other Schedule A folks,
I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
This is the 485 process according to what I was told:
The first thing after fingerprint is
1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
2. Pre-adjudication (Texas)
3. Name and family background check (back to FBI)
based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.
Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.
For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.
I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
This is the 485 process according to what I was told:
The first thing after fingerprint is
1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
2. Pre-adjudication (Texas)
3. Name and family background check (back to FBI)
based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.
Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.
For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.
more...
knowDOL
08-15 10:55 AM
Yes only after I-140 approval of both LC's.
When we do dual filing with PERM...
Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?
When we do dual filing with PERM...
Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?
eb3retro
04-13 04:09 PM
Thanks a lot for the reply.
I have talked with lawyer regarding this.
She has the following to Say:
a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
b) CBP officers know about this and there is nothing to worry.
c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
d) she assures me that there is nothing to worry and I can go and come back hassle free.
Do you people think all of these statements are correct?
Thanks a lot.
pls tell me how much different it is from what I have response for your original query..
I have talked with lawyer regarding this.
She has the following to Say:
a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
b) CBP officers know about this and there is nothing to worry.
c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
d) she assures me that there is nothing to worry and I can go and come back hassle free.
Do you people think all of these statements are correct?
Thanks a lot.
pls tell me how much different it is from what I have response for your original query..
more...
pa_arora
02-10 06:32 PM
The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
Good analysis.. but whatever it is - every drop counts. ;-)
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
Good analysis.. but whatever it is - every drop counts. ;-)
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Bezzer
09-07 08:38 AM
yeah i thought the older one was better... but hey do what u want...
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mytv
08-14 11:12 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
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martinvisalaw
10-15 03:47 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
more...
pal351
06-05 06:31 PM
Congrats guys,
I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
Hope i will get this week ..
Raj.
I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
Hope i will get this week ..
Raj.
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som_yad
08-14 09:00 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
more...
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VivekAhuja
09-29 01:53 PM
You cannot get reimmbursed or file a claim. You can but will not get $$ back.
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clif
07-26 01:17 PM
How are the dates mentioned in the following press release (on July 20th) to be interpreted:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
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samcam
05-19 12:03 PM
we have 99 guests.. please register and contribute.. help yourself by helping IV...
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
more...
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nixstor
04-08 10:18 AM
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
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rb_248
08-14 03:34 PM
Dogking,
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
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sathishkrish
08-13 10:33 PM
Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
Thanks
I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.
Thanks
I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.
thatwillbeit
05-24 08:47 PM
Hi Gurus...
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
god_bless_you
03-17 09:23 AM
GREAT !!
Kudos!!
Kudos!!