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  • amsgc
    06-16 01:22 AM
    http://www.murthy.com/chatlogs/ch051407_P.html


    Chat User : My husband is on H1B and is about to file for his I-485.
    I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
    with my husband, or can I file while being on F-1? Please advise.

    Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.





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  • Blog Feeds
    12-18 09:50 AM
    AILA Leadership Has Just Posted the Following:


    Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:

    D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    - If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."

    - Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.

    Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.

    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop.

    Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.

    WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

    At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

    INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:

    China: July through October 2005
    India: February through early March 2005
    If Section 202(a)(5)were to
    apply: China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which
    are subject to fluctuations in demand during the coming months. The actual
    future cut-off dates cannot be guaranteed, and it is possible that some annual
    limits could be reached prior to the end of the fiscal year.


    So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)





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  • sangmami
    06-16 07:24 AM
    hey guys ,
    can any1 tell me how long does it take to get EAD in hand from the date it was filed./and how long does it take to get the I 485 approved under present situation?.In our case the later we get i 485 the better it is for us.Thanks:D





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  • GCNaseeb
    11-04 10:46 AM
    Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:

    http://immigrationvoice.org/forum/showthread.php?t=13522



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  • rsayed
    04-27 11:07 AM
    whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.

    Very true - you would think such things don't happen (and they probably don't) - but one should always be attentive at Airports.





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  • tikka
    08-09 08:18 AM
    U definitely and and will :)

    /\/\/\/



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  • kartikiran
    07-31 12:00 PM
    when I am not even able to enjoy the humor present in this thread...

    Waiting since March 25th 2002...:(





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  • eb3retro
    08-06 11:36 AM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.


    congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?



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  • ita
    05-16 10:17 AM
    Called all of them

    Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.


    The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
    Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
    He said after August recess some of the immigration bills would be passed.

    Thank you.





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  • Munna Bhai
    07-12 12:08 PM
    This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.

    Are you sure on this? If this is true, this can be really helpful for some folks.


    yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.

    I am trying to get as much as possible info. regarding this issue.

    Thanks,
    -M



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  • Lollerskater
    08-05 12:23 PM
    OP are you compiling statistics? For EB2 or EB3?

    I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.

    Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?





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  • gchopefull
    10-02 04:04 PM
    what do u mean by
    "There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
    does this means that if company files for appeal the 485/ead will be denied and revoked?
    or if company files for mtr the 485/ead will be denied and revoked respectively?
    thanks



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  • waitingGC
    01-15 10:11 AM
    I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.

    I totally agree with you! Many members are doubtful of what IV can really do for legal immigrants. Many people think that nothing can be achieved with just less than 10,000 people. Without seeing any hope for any changes, people just feel desperate and stay where they are without thinking of this issue.

    I've read a post in a Chinese immigration website regarding how they thought the immigration trends in the future. Most people, if not all, believed that most of the immigration bills, including CIR, SKIL, and 485 filing, have no chance to be passed in the congresses, not only this year, but also in the future. They thought that the only thing that had a chance was H1 quota increasing. I hope that's not true. But their arguments made sense. We believe that we contribute to this country so this country needs us. But Americans don't think so. Many ordinary Americans do not really care about legal immigrants. Those who care may have lost their jobs to us. Our employers don't really want us to get GC because we can change jobs freely once we have GC.

    Those thoughts, combined with last year's facts, make people believe that we cannot make a change. But I believe that if IV can make any change in the near future, e.g. 485 filing, people would regain confidence and join this organization. This is like a vicious circle. People don't contribute, then IV cannot achieve goals. Thus more people lose confidence and contribute even less.





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  • GCOP
    08-22 01:21 PM
    EAD Renewal RD: 6/24/08 at TSC

    Still Waiting for EAD Renewal Approval



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  • eyeswe
    09-04 02:25 PM
    While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
    Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
    You need the PD date to apply to this step 1.

    Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
    And then ..
    Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...

    If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
    They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...

    Just prophesizing....for 2010





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  • anishNewbie
    09-10 06:07 PM
    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

    Wow.. this is worrying factor...:( :confused: :(

    I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...



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  • jr8rdt
    01-06 06:55 PM
    I am interested with this topic as well. can somebody confirm that once we use AP to travel we can still work on H1 and don't have to invoke EAD?





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  • wandmaker
    09-10 03:09 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    AFAIK, everyone is standing in the queue waiting for the turn. If you have a specific question, please do write instead of collecting statistics





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  • jthomas
    05-06 03:44 PM
    This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.

    So what will IV gain by meeting lawyers and paying money to just get in?
    Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?

    And if you want to go then go. Why do you want IV to pay your $350?

    Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
    Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.





    webm
    05-21 04:30 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.

    I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...

    It sounds like they are processing fast..dont panic keep hope!! Give it some time..

    ------------------------
    EAD/AP renewal--TSC





    gcloner
    03-28 02:39 PM
    until today my I485 was 60 days outside the processing times.
    Now it is not.
    I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

    Things that caused Nebraska to move back:

    Transfers from Texas Service Center
    180 day name check rule
    Some categories moving forward in VB, and they had not been doing pre-adjudication.
    They are trying to make processing dates reflect reality (and reduce service requests)

    The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

    I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

    This is some sign of some LIMITED attempt to process as FIFO for receipt date.

    hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset



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