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pd_recapturing
02-27 08:47 AM
180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.
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senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
immi2006
05-04 10:41 AM
THose are labour filed.
It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.
One thing that emerges clear from the data pattern :
Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.
Hi Immi2006.
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.
One thing that emerges clear from the data pattern :
Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.
Hi Immi2006.
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
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sargon
07-12 03:48 PM
May be you should not keep two spouses. Sounds kinda risky.
Just kidding. The title of the thread goaded me into making a wisecrack.
Just kidding. The title of the thread goaded me into making a wisecrack.
more...
.jpg "wallpapers de corazones. amor")
p_kumar
11-30 02:24 PM
Can you put the exact working of the status ?
Is it one of the following ?
Current Status: Notice mailed welcoming the new permanent resident.
or
Current Status: Document mailed to applicant.
or
something else.
Canadian_Dream
Does the status 'Document mailed to applicant' mean a RFE?.:eek:
Is it one of the following ?
Current Status: Notice mailed welcoming the new permanent resident.
or
Current Status: Document mailed to applicant.
or
something else.
Canadian_Dream
Does the status 'Document mailed to applicant' mean a RFE?.:eek:
PlainSpeak
02-24 09:21 AM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
more...
logiclife
04-28 12:43 PM
This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
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forgerator
05-02 07:11 PM
I entered last year on Sept 2nd when my stamp was going to expire on Sept 30th, but I had my I797 with me. The officer asked me whether I was aware that my stamp is going to expire at end of September, I said yes I am aware. He then asked me for my I797 which clearly showed my H1 is valid until 2010. After about half an hour he let me through.
more...
ca_immigrant
12-19 07:32 PM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
...lol......old age brings some mental issues....I like that ;)
take it easy folks....just ignore what Pat B@#$#@% wrote.......
only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....
...lol......old age brings some mental issues....I like that ;)
take it easy folks....just ignore what Pat B@#$#@% wrote.......
only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....
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nixstor
09-18 03:49 PM
Call the IRS.
more...
%2B%255BConvertido%255D.jpg "fondo de corazones,")
sanju
03-12 10:52 AM
Here is another one
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .
BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .
BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .
BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.
What are they doing here? I'll just put them away . . .
BUT FIRST need to water those plants. I head for the door and . . .
Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .
BUT FIRST I need to find those checks.
END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .
And, when I try to figure out how come nothing got done today, I'm baffled because . . .
I KNOW I WAS BUSY ALL DAY!
I realize this condition is serious . . .
I'd get help . . .
BUT FIRST . . . I think I'll start a new thread.
Fool its not me, its the AAADD I was recently diagnosed with.
.
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .
BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .
BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .
BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.
What are they doing here? I'll just put them away . . .
BUT FIRST need to water those plants. I head for the door and . . .
Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .
BUT FIRST I need to find those checks.
END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .
And, when I try to figure out how come nothing got done today, I'm baffled because . . .
I KNOW I WAS BUSY ALL DAY!
I realize this condition is serious . . .
I'd get help . . .
BUT FIRST . . . I think I'll start a new thread.
Fool its not me, its the AAADD I was recently diagnosed with.
.
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chanduv23
10-09 10:35 AM
^^^^^^^^^^^^
more...
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vin13
01-16 11:52 AM
Yes, it would be part of the lottery system (for company C)
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
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GCBy3000
01-03 03:57 PM
Great pledge and Thanks.
Members, please update your signature with your pledge. It is an inspiration point for you as well as to other members. We need this inspiration for ourselves more than IV needed.
This pledge and contribution is for ourselves and not for anyone else. We are going to enjoy the fruits if we can make the difference with lawmakers. IV core members can put their head into more important statergic thinking than worrying about funds. We can atleaset help ourselves by this simple pledge. There is not physical work invovled with it. Commonnnnn..... cheer up and lets get what we want from the new congress.
Do your KARMA and leave the results to time.
I pledge to contribute $40 a month. And more when ever I can.
-- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.
Members, please update your signature with your pledge. It is an inspiration point for you as well as to other members. We need this inspiration for ourselves more than IV needed.
This pledge and contribution is for ourselves and not for anyone else. We are going to enjoy the fruits if we can make the difference with lawmakers. IV core members can put their head into more important statergic thinking than worrying about funds. We can atleaset help ourselves by this simple pledge. There is not physical work invovled with it. Commonnnnn..... cheer up and lets get what we want from the new congress.
Do your KARMA and leave the results to time.
I pledge to contribute $40 a month. And more when ever I can.
-- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.
more...
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backtoschool
12-28 12:32 PM
I spoke to some one and he has told me the following:
(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.
Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002
No, i am not stuck in the name check stuff. Just the BS wait!!!
SO, guys who else is moving outside US for education?
(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.
Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002
No, i am not stuck in the name check stuff. Just the BS wait!!!
SO, guys who else is moving outside US for education?
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lazycis
12-21 01:31 PM
Here is a shortened version:
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
more...
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sundeep14
09-08 11:14 AM
On the website it says...
* Calls to Access numbers will be charge by local operator.
Any ideas what these charges are?
* Calls to Access numbers will be charge by local operator.
Any ideas what these charges are?
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ronnie0479
03-31 02:39 PM
Immigration and Tax Filing are not at all related.
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
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desi3933
06-25 10:41 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
hoolahoous
09-15 06:23 PM
How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
needhelp!
10-09 05:56 PM
for your help in the past and look forward to continue working with you.
