WaitingYaar
10-02 08:17 AM
This is how PD and RD work.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?
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Templarian
11-25 01:17 AM
Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:
Also, good to see people like Stargate and get that reference.
Also, good to see people like Stargate and get that reference.
go_guy123
04-19 12:08 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
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martinvisalaw
10-07 02:04 PM
I received my H-1B approval for one year but my I-797 arrived without an I-94....
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
more...
laksmi
12-03 08:17 PM
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.
krishnam70
11-20 03:44 PM
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
more...
nav_kri
04-01 08:09 PM
Yes, the info is right
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
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saileshdude
05-21 11:13 PM
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
more...
gcnirvana
05-12 01:42 PM
Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
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brb2
04-02 11:43 PM
Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
more...
GotGC??
05-15 12:03 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
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India_USA
04-23 09:13 AM
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
USCIS says its happening......
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
USCIS has not wasted visas in the past two years............
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I read somewhere about the memo being withdrawn for more review.............
Finding a judge who will be favorable to our cause, priceless!!
USCIS says its happening......
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
USCIS has not wasted visas in the past two years............
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I read somewhere about the memo being withdrawn for more review.............
Finding a judge who will be favorable to our cause, priceless!!
more...
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TeddyKoochu
05-19 03:09 PM
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
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quizzer
11-01 05:39 PM
Hello,
I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.
Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.
Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.
We will try to track if people get updates after posting here.
Thanks
I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.
Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.
Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.
We will try to track if people get updates after posting here.
Thanks
more...
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gcnotfiledyet
04-20 01:53 AM
You will be extremely lucky to get any student loans without a US citizen/GC co-signer. I tried it in 2005 and had to get a co-signer. Now with economy tanking it will be tough sell without a co-signer. So do not waste lot of time in searching for student loans in US.
As for credit cards, new laws passed by congress will not come into effect until July 2010. So until then credit card companies can screw you left and right. That beast is best not to deal with. Do not trust any lifetime APRs or anything from credit card companies. They can jack up your rates for no reason. There are no laws protecting consumers. Do not become another statistics in their game. No amount of credit card arbitrage justifies the time it needs.
You can try HELOC if you have equity in your house.
In my opinion even if you are paying 13.5%, it is best to keep student loans from banks. You can put them in deferment 6months post graduation or until you find a job. If you lose a job then you can get extension of deferment later down the road. The advantages associated with student loans are priceless. The money you will save by trying something different might not be your one month salary. In short not worth the headache.
As for credit cards, new laws passed by congress will not come into effect until July 2010. So until then credit card companies can screw you left and right. That beast is best not to deal with. Do not trust any lifetime APRs or anything from credit card companies. They can jack up your rates for no reason. There are no laws protecting consumers. Do not become another statistics in their game. No amount of credit card arbitrage justifies the time it needs.
You can try HELOC if you have equity in your house.
In my opinion even if you are paying 13.5%, it is best to keep student loans from banks. You can put them in deferment 6months post graduation or until you find a job. If you lose a job then you can get extension of deferment later down the road. The advantages associated with student loans are priceless. The money you will save by trying something different might not be your one month salary. In short not worth the headache.
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go_guy123
01-26 10:57 AM
Is this only for phds or for master graduates too?
Seems like only for PhD. i can forsee rush to do part time PhDs from bottom of the barrel universities.
Seems like only for PhD. i can forsee rush to do part time PhDs from bottom of the barrel universities.
more...
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jonty_11
07-05 04:41 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
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qasleuth
05-06 11:02 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.
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canmt
10-19 11:41 AM
The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
ahaadi
01-08 01:47 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
Sath thesmilingstar
02-24 02:29 PM
If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.
well,i dont know what is AP can you please tell me what it is..??
well,i dont know what is AP can you please tell me what it is..??
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