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Written By muthmmuuuaaanniish on Thursday, June 9, 2011 | 8:04 AM

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  • etiennelin
    04-02 03:49 PM
    Hello,

    My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

    On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

    When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

    Anyone with similar experience could give some advice?? Thanks very much!!!





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  • clockwork
    09-06 09:42 AM
    3. Internal memo in USCIS not made public about holding visas for EB3 India etc.

    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -





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  • radhay
    01-08 11:44 AM
    Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
    The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

    At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
    We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

    Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.





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  • md2003
    04-02 09:35 AM
    I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.

    Rajiv Khanna -- He always thinks we can carry PD.
    Murthy -- Every week she gives different answers
    Mathew oh --- He gave different answers
    Susan --- She thinks We can carry PD. But i heard only one conference call.


    Not sure which one is correct.



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  • peacocklover
    12-01 08:33 AM
    Ya, I think that could be a problem if they make it current again. Instead of messing up with influx of applications again like in July 2007, they can gradually move dates from July 2007 to Jan 2008 (six months) or July 2008 (a year) ahead in EB2 category, In that way it will not clog the system and will justify people who are sincerely waiting in the line until now and also for future movement.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.





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  • TomTancredo
    11-27 01:10 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!


    It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.



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  • ranksxy
    12-14 01:44 PM
    geesee_99, listen to Rajiv Khanna's call on Nov 29. You can find it in the recordings section on his website.
    http://www.immigration.com/improving_immigration/conference_calls.html

    After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.





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  • willwin
    05-21 10:00 AM
    The reason why they are not talking about EB is there is nothing to talk.

    The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.



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  • CADude
    02-21 03:12 AM
    :p
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.





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  • munshiviral
    10-26 02:55 PM
    Hi Guys,

    Thanks for the feedback. Still I am little bit confused so here are my very specific questions.

    1. Can I work for a US firm which has office in India while staying in India?

    2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?

    3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?

    Thanks,

    Mickey



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  • probe
    07-14 11:20 AM
    I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc

    If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
    This is quite ridiculous and insane.:(





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  • martinvisalaw
    04-19 02:44 PM
    Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.



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  • bijualex29
    03-24 12:31 PM
    If Total 290000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 43500 43500 101500
    India NMT10% 29000 29000 29000

    This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?

    If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.

    Total 770000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 115500 115500 269500
    India NMT10% 77000 77000 77000

    I may be totally wrong here. Please clarify me if I am wrong

    Am I missing something here? Please clarify





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  • simple1
    10-06 10:31 PM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...

    Thanks....

    In one of the previous posts the same user tries to taint l1b visa holders.

    my consultatn lawyer told me that i can not stay here but my consultant told me that you can stay here USCIS will not come to know about it.
    how USCIS come to know that i stayed illiegal in US



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  • harivenkat
    05-06 09:33 PM
    Senator Bob Menendez (New Jersey)'s no. is (202) 224-4744
    I called him yesterday... his staff is very friendly they take your name and message and pass it on to him,,, today Senator Menendez has chided Obama

    Immigration overhaul: Sen. Menendez chides Obama; Sen. Schumer appeals to Arizona governor - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-immigration-20100507,0,1561517.story)


    Senator chides Obama as pressure rises on immigration
    A Democratic leader says the president must treat the overhaul with more urgency. Schumer writes to the Arizona governor, hoping to delay a controversial state law.
    By Peter Nicholas, Tribune Washington Bureau

    A key Senate Democratic leader said President Obama must treat the immigration crisis with far more urgency, as pressure over the issue intensified across the country Thursday.

    Sen. Robert Menendez of New Jersey, an Obama ally and one of a handful of Democratic senators shaping an immigration proposal presented last week, faulted the president for suggesting on Wednesday that an immigration bill won't be finished until 2011 at the earliest.

    "Telling people we're not going to get a legislative solution this year, or to suggest maybe that it's not possible this year, is not in the best interests of the nation," Menendez said in an interview in the Capitol.


    At the same time, legislators and activists took steps Thursday to head off policies that they contend unfairly target illegal immigrants. Sen. Charles E. Schumer (D-N.Y.) asked Arizona's governor in a letter to delay enactment of a tough new law that criminalizes the failure to carry immigration papers. Schumer also asked for a meeting with the governor, Republican Jan Brewer.

    And one Latino advocacy group, unhappy with what it sees as Obama's aggressive deportation practices, said it would attempt to end-run the president. The group said it would send a Mother's Day letter to First Lady Michelle Obama, telling her that deporting people is destructive to families.

    The developments reflected mounting frustration over the immigration question. Speaking at a Cinco de Mayo reception in the Rose Garden on Wednesday, Obama promised to "begin work" on an immigration bill this year, but set no deadline for completion.

    His press secretary, Robert Gibbs, sounded a more pessimistic note at a briefing Thursday. Asked why the White House doesn't push ahead with an immigration bill as it has with other legislation that lacked a bipartisan consensus, Gibbs said: "Well, because there's not enough support to move forward."

    Even if prospects for an immigration overhaul are dwindling, the White House shouldn't give up, proponents insisted. Menendez said he had asked the White House to host a major summit devoted to the issue, modeled after the healthcare summit in February. Invitations would go to House and Senate lawmakers from both parties, with a block of time set aside for hashing out differences.

    A White House official who was asked about that idea Thursday said: "We are continuing to examine all of the options for moving forward with a bipartisan conversation."

    Always a divisive issue, illegal immigration is generating renewed bitterness on the right and left of the political spectrum. Part of the upheaval springs from the Arizona law. But advocates for Latino interests are also resentful of the Obama administration's enforcement policies.

    A memo by the head of U.S. Immigration and Customs Enforcement showed that the agency wants to deport 400,000 people a year � more than double the number in 2005.

    Menendez called on the president to order a less punitive approach. Deporting people when "counting is taking place" during the decennial census is "reason alone" for suspending the practice, he said.

    In the hope that Michelle Obama might prove a softer touch, the National Alliance of Latin American and Caribbean Communities said it would send a letter to the first lady inviting her to intervene.

    Michelle Obama has taken a largely apolitical posture since her husband became president. Choosing sides on such a fraught issue would be out of character, but the alliance is appealing to her "as a mother."

    "Deportations have reached record levels under President Obama's administration. For each person deported, there are young children left behind who are denied the right to be cared for by their parents," the letter to Michelle Obama reads.

    With Arizona's law scheduled to go into effect in July, Schumer hopes to derail it by convincing Brewer that a better solution is on the horizon.

    He asked her to wait one year while Congress puts in place an immigration system that would provide tough border security, a foolproof identification system so that undocumented workers can't get jobs, and a path to legal status for the 11 million people living in the United States illegally.

    Delaying the Arizona law would require state legislative action. Arizona officials did not respond to requests for comment.

    Conceding that Republican support is lacking in the U.S. Senate, Schumer also asked Brewer to help round up GOP votes, including those of Arizona's two senators, John McCain and Jon Kyl. So far, no Republican lawmaker has agreed to support the effort.

    Schumer wrote that a comprehensive immigration bill is the best remedy.

    "I simply do not believe the remedy Arizona has enacted will succeed in resolving the problem it is designed to address," he wrote.





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  • sathweb
    02-12 10:30 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years

    I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.

    My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.



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  • IN2US
    07-27 12:16 PM
    Congratulations :)





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  • vicks_don
    12-11 02:21 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.





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  • gauravsh
    02-26 01:54 PM
    Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.

    ... so whats your confusion?

    No confusion now!! thanks.





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    jsb
    02-24 03:10 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    As many have said, no need to send anything to USCIS, unless asked for. If needed, get a job description (without your specific title), which has more words as in your original LC. Describe computer programming related activities, which may include managing computer applications, design computer systems, analyse computer design models, etc. etc.

    As some said, as long as you are in the same field, you are ok. Even if you are called a manager, your job requires knowledge of computer system designs, programming, etc. USCIS is lenient in this regard.



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