CADude
11-21 10:05 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
wallpaper Dale Earnhardt Jr.
Green.Tech
05-23 12:25 AM
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
Not sure but I guess the IV team is just picking names from when people post confirmation of the contribution, and quite likely inadvertently missed your name....
...not for argument either but I won't worry too much who is or is not on the list...I will just be content with contributing...who cares if I am on the list or not! :)
Thanks for your contribution!
....not for an argument but a query
Not sure but I guess the IV team is just picking names from when people post confirmation of the contribution, and quite likely inadvertently missed your name....
...not for argument either but I won't worry too much who is or is not on the list...I will just be content with contributing...who cares if I am on the list or not! :)
Thanks for your contribution!
JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
2011 Dale Earnhardt Jr.
satishku_2000
07-05 05:09 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.
Going to meet Congress Congresswoman Eshoo staff next week.
If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.
more...
indian
04-27 03:11 PM
Onemay,
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
nyte_crawler
09-02 02:22 PM
More than 7 years in I 485 pending status. :confused:
more...
onemay
04-27 10:42 AM
In California they don't accept any other document for the renewal of your DL other than the new I94- I think someone said I 907 and they are right because I 94 is olnly a portion of the whole page.
We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.
I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.
Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.
We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.
I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.
Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.
2010 Dale Earnhardt Jr.
Ram_C
09-28 07:25 PM
They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.
Maybe we can volunteer to adjudicate each of our own case...lol!
or may be recent EADs (ex H4 visa holders) will do a better job
Maybe we can volunteer to adjudicate each of our own case...lol!
or may be recent EADs (ex H4 visa holders) will do a better job
more...
glus
07-05 12:48 PM
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
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anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
more...
beppenyc
03-08 02:07 PM
Sorry,
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
hot Dale Earnhardt Jr.
BharatPremi
07-05 01:31 PM
Guys,
Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.
Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.
more...
house 2010 Daytona 500 Finish (and Dale Earnhardt Jr. onboard cam)
smc
09-29 08:15 AM
If this guy Emilio were the CEO of a company here, and if they wasted visa numbers in October after announcing in July that they had exhaused all of them, he would be fired almost immediately.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
tattoo Dale Earnhardt Jr.
redgreen
02-23 01:23 PM
All the data and inside information point to EB2 and EB3 to become current some time in the future.
more...
pictures Dale Earnhardt Jr.
arihant
03-13 12:26 PM
Here is a link to the following article:
http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews
Looks like they have not come to the immigration issues yet.
Senate panel votes to double size of border force
By Michael Posner, CongressDaily
The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.
In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.
In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.
In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.
The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.
"We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.
The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.
Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.
The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.
In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.
A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.
Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.
A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.
An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.
And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.
http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews
Looks like they have not come to the immigration issues yet.
Senate panel votes to double size of border force
By Michael Posner, CongressDaily
The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.
In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.
In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.
In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.
The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.
"We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.
The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.
Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.
The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.
In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.
A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.
Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.
A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.
An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.
And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.
dresses 89/280. Sprint Cup Series
mirage
08-04 11:59 AM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Emplyee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
more...
makeup Dale Earnhardt Jr.
reddymjm
07-14 10:24 PM
I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.
girlfriend about dale earnhardt jr Do
vunlucky
09-11 10:34 PM
Contributed $100 through google checkout.
Trying to send as many signatures as possible with a day or so.
Trying to send as many signatures as possible with a day or so.
hairstyles 212/280. Sprint Cup Series
himu73
07-19 11:16 AM
Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
skv
06-20 01:24 PM
what on earth is that supposed to be?
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
axp817
09-10 12:54 PM
Paypal confirmation # 4Y748719GE443013E ($100 one time contribution in addition to my past one time contributions and $50 monthly recurring).
Thank you everyone for contributing. It is your contributions that made me contribute after looking at this thread for the past few days.
Let us give back to IV (and ourselves) by raising ten fold ($300K) of what the goal is.
If only 3000 people contribute $100 each, the amount raised would be $300K.
3000 people, from my understanding is only an iota of the IV membership.
$100 is NOT a big amount, no matter what you think/say, when the return is as huge as getting your green card faster, even a month or two faster (although we are talking years here).
I do NOT make a lot of money.
I have a Car payment like you.
I have a house payment like you.
I also have a lot of time left on my H-1B visa (12 months on the first one, before I even have to renew it for the first time) meaning I don't have worries of my visa timing out.
I also have an approved I-140 and 485 filed, making me eligible for the EAD/AP benefits, again taking some of the fear out, of H-1 renewal or getting laid off.
But I still think we need to keep supporting what IV is doing, I would rather take a Green card right now, than be on EAD/AP/H-1B renewals for the next 2,3,4,5 years.
PLEASE, don't be the person that wishes six months from now, that he/she had made a contribution when the time was right.
Thank you all.
Thank you everyone for contributing. It is your contributions that made me contribute after looking at this thread for the past few days.
Let us give back to IV (and ourselves) by raising ten fold ($300K) of what the goal is.
If only 3000 people contribute $100 each, the amount raised would be $300K.
3000 people, from my understanding is only an iota of the IV membership.
$100 is NOT a big amount, no matter what you think/say, when the return is as huge as getting your green card faster, even a month or two faster (although we are talking years here).
I do NOT make a lot of money.
I have a Car payment like you.
I have a house payment like you.
I also have a lot of time left on my H-1B visa (12 months on the first one, before I even have to renew it for the first time) meaning I don't have worries of my visa timing out.
I also have an approved I-140 and 485 filed, making me eligible for the EAD/AP benefits, again taking some of the fear out, of H-1 renewal or getting laid off.
But I still think we need to keep supporting what IV is doing, I would rather take a Green card right now, than be on EAD/AP/H-1B renewals for the next 2,3,4,5 years.
PLEASE, don't be the person that wishes six months from now, that he/she had made a contribution when the time was right.
Thank you all.
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