willwin
07-09 08:24 AM
I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
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tertip
03-11 04:02 PM
The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...
ziggy7bs
03-18 12:23 PM
I am having the same problem. i did not know about the 180 days rule until my LC had expired. what did your lawyer tell u to do? did he call uscis to explain? did he call DOL to see if they could extended the LC? please reply to this. i am going to lose my PD of 020106 if i can"t get them to accept the LC.
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sk26
04-13 05:30 PM
Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...
No, I did not recive any RFE on my wife's 485 application.
No, I did not recive any RFE on my wife's 485 application.
more...
Munna Bhai
01-07 11:23 AM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
Yes,but it has no effect on your GC.
thanks for your replies.
Yes,but it has no effect on your GC.
kisana
04-11 04:27 PM
Can any one who has used e-file , please advice for my last two questions.
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learning01
05-24 01:44 PM
Good job.
http://www.tulsaworld.com/images/2006/060523_A1_Still55192_a1immigrant.jpg
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
http://www.tulsaworld.com/images/2006/060523_A1_Still55192_a1immigrant.jpg
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
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dontcareanymore
03-30 09:50 PM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations !! When was your last FP done ? Did you get the second FP ?
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations !! When was your last FP done ? Did you get the second FP ?
more...
RayP
12-07 11:14 PM
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
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sravani
05-22 04:57 PM
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...
Sree
What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.
They also banned the labor substitution premium processing over night without any notice. :rolleyes:
Now with this new bill drama we can't predict anything.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...
Sree
What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.
They also banned the labor substitution premium processing over night without any notice. :rolleyes:
Now with this new bill drama we can't predict anything.
more...
h1techSlave
01-07 02:56 PM
it is stoop, not stop :)
You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.
You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.
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chanduv23
11-06 10:09 AM
Jet airways resumed new service to US recently. That's why you couldn't find many people traveling by Jet airways. I heard the flights are new, service is good and the travel is quite comfortable. I am travelling to chennai from EWR end of november and am looking forward to the trip.
Great to know, now I feel comfortable :)
Great to know, now I feel comfortable :)
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larmani
04-29 01:50 PM
Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.
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vpgreencard
07-30 09:46 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
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ita
01-15 07:13 PM
So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
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like_watching_paint_dry
09-21 03:28 AM
I don't want to derail this thread, but while on the topic, I'm wondering if any of our Canadian friends, or someone in the US who has invested in Canadian real-estate, can provide pointers to good resources to read up about buying something in Canada without being a resident of Canada. The BC area to be more specific.
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pani_6
11-23 03:53 PM
I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..
any help is appreciated..
thanks
:)
any help is appreciated..
thanks
:)
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nixstor
07-18 10:35 AM
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
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HOPE_GC_SOON
08-04 02:36 PM
Gurus / Recent GC Awardees:
Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .
1) Online LUD on Cases "Card Production Ordered" and subsequent Email.
2) Online LUD Change as "Welcome Notices Sent" and Emails.
3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)
4) Receiving the Cards.
Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.
Any Info or guidance from Peers is highly appreciated . :)
Thanks,
My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.
Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .
1) Online LUD on Cases "Card Production Ordered" and subsequent Email.
2) Online LUD Change as "Welcome Notices Sent" and Emails.
3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)
4) Receiving the Cards.
Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.
Any Info or guidance from Peers is highly appreciated . :)
Thanks,
My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.
kumar07
09-13 11:10 AM
Somebody please give me suggestions?
acecupid
08-21 05:51 PM
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
Applied at NSC and was received on 16th July at 9:30am
DAte, time etc.
Thanks in advance!
Applied at NSC and was received on 16th July at 9:30am
