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emmNemm
12-10 08:06 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
krishnam70
05-08 11:28 AM
Now they want to visit client place for the H1b people.
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
I know cos it happened at my workplace
-cheers
kris
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
I know cos it happened at my workplace
-cheers
kris
pa_arora
07-17 01:03 PM
PDF of the case-
http://www.ilw.com/immigdaily/cases/2008,0711-shirmohamadali.pdf
http://www.ilw.com/immigdaily/cases/2008,0711-shirmohamadali.pdf
styrum
01-23 11:47 AM
Thank you for contacting me regarding the immigration debate in the
U.S. Senate. It was good to hear from you.
As you know, in the 109th Congress, the Senate considered changes to
immigration law. These efforts would affect more than just undocumented
workers here in the United States � it would affect every American in
one way or another.
I supported the bipartisan Comprehensive Immigration Reform Act of
2006, S. 2611, when it was considered in the Senate during the 109th
Congress. This bill would have provided many new provisions for border
security and enforcement and to address legal and illegal immigration. The
legislation would have provided funding to reinforce hundreds of miles
of existing border fences and establish a �virtual fence� comprised
of cameras, sensors, automated aerial surveillance tools, and other
security measures. The bill would also have authorized funding for
additional Customs and Border Patrol agents to assist with security efforts,
and required employers to have a system to verify the required
documentation from potential workers. S. 2611 would have increased the number
of visas for high-skilled workers, including those who have earned an
advanced degree. Finally, the bill would not have allowed for amnesty,
but it would have provided a meaningful way to address the legal status
of undocumented workers who currently live in our country.
Under the Senate proposal, undocumented workers could have earned legal
status after completing all the requirements to begin to adjust their
legal status. These requirements include filing an application, payment
of all fines, fees, and back federal income taxes, and providing proof
of being physically present in the United States and being employed for
five years prior to the bill�s enactment. Undocumented workers must
then continue to show proof of employment and being present for at
least six years after the bill would have gone into effect. Individuals
must also demonstrate basic citizenship skills, pass security and law
enforcement requirements, and complete Selective Service registration
requirements.
As you may know, the comprehensive immigration bill passed the Senate
on a bipartisan vote with the support of the White House. The House of
Representatives passed another version of immigration reform that
emphasized enforcement only. Instead of meeting in conference to negotiate
differences in the respective bills, the House held a series of public
hearings around the country, and refused to meet with Senate
negotiators, and the 109th Congress ended without this issue being addressed.
I believe that we need a comprehensive approach to immigration reform.
Enforcement is important, and securing our borders is important. But
if we focus only on enforcement and border security, then we will only
have addressed part of the problem. Many of the current proposals are
unworkable and would ultimately cause more harm to our economy and our
country. Our immigration policy should also provide positive change for
the future of our country. We should make sure our actions reflect our
security, our economy, and the opportunity that America has offered for
generations of immigrants.
As we move forward to the 110th Congress, please know that I will keep
your thoughts in mind as Congress begins to work on immigration reform.
If you would like to know more about my work in the Senate, please
visit my website at http://murray.senate.gov/updates/.
Again, thank you for taking the time to share your thoughts with me.
Please keep in touch.
Sincerely,
Patty Murray
United States Senator
U.S. Senate. It was good to hear from you.
As you know, in the 109th Congress, the Senate considered changes to
immigration law. These efforts would affect more than just undocumented
workers here in the United States � it would affect every American in
one way or another.
I supported the bipartisan Comprehensive Immigration Reform Act of
2006, S. 2611, when it was considered in the Senate during the 109th
Congress. This bill would have provided many new provisions for border
security and enforcement and to address legal and illegal immigration. The
legislation would have provided funding to reinforce hundreds of miles
of existing border fences and establish a �virtual fence� comprised
of cameras, sensors, automated aerial surveillance tools, and other
security measures. The bill would also have authorized funding for
additional Customs and Border Patrol agents to assist with security efforts,
and required employers to have a system to verify the required
documentation from potential workers. S. 2611 would have increased the number
of visas for high-skilled workers, including those who have earned an
advanced degree. Finally, the bill would not have allowed for amnesty,
but it would have provided a meaningful way to address the legal status
of undocumented workers who currently live in our country.
Under the Senate proposal, undocumented workers could have earned legal
status after completing all the requirements to begin to adjust their
legal status. These requirements include filing an application, payment
of all fines, fees, and back federal income taxes, and providing proof
of being physically present in the United States and being employed for
five years prior to the bill�s enactment. Undocumented workers must
then continue to show proof of employment and being present for at
least six years after the bill would have gone into effect. Individuals
must also demonstrate basic citizenship skills, pass security and law
enforcement requirements, and complete Selective Service registration
requirements.
As you may know, the comprehensive immigration bill passed the Senate
on a bipartisan vote with the support of the White House. The House of
Representatives passed another version of immigration reform that
emphasized enforcement only. Instead of meeting in conference to negotiate
differences in the respective bills, the House held a series of public
hearings around the country, and refused to meet with Senate
negotiators, and the 109th Congress ended without this issue being addressed.
I believe that we need a comprehensive approach to immigration reform.
Enforcement is important, and securing our borders is important. But
if we focus only on enforcement and border security, then we will only
have addressed part of the problem. Many of the current proposals are
unworkable and would ultimately cause more harm to our economy and our
country. Our immigration policy should also provide positive change for
the future of our country. We should make sure our actions reflect our
security, our economy, and the opportunity that America has offered for
generations of immigrants.
As we move forward to the 110th Congress, please know that I will keep
your thoughts in mind as Congress begins to work on immigration reform.
If you would like to know more about my work in the Senate, please
visit my website at http://murray.senate.gov/updates/.
Again, thank you for taking the time to share your thoughts with me.
Please keep in touch.
Sincerely,
Patty Murray
United States Senator
more...
Green.Tech
08-03 05:18 PM
Not advisable for the same company unless the new job duties are changed significantly.:cool:
Yes, assuming the job duties changed by approx 50% or more.
Yes, assuming the job duties changed by approx 50% or more.
dreeft
10-28 10:43 PM
Sounds complicated. I don't want to rain on your parade, but having more than one person in a freelance "business" (a business is anything that earns money) is very complicated. You have to work out tax and wages.
I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.
I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.
more...
at0474
12-14 02:03 PM
Sorry to say this is gone case. Try exploring the option of filing another I-140with the other approved labor you have. Also, make sure that labor has provisions to make your new I-140 approvable. Otherwise, you will be hitting against the wall twice!!
glamzon
07-19 12:56 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
more...
vinabath
07-02 03:10 PM
USCIS made my lazy paralegal work overtime for 2 weeks.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
sanju_dba
12-21 01:22 PM
I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
Once you get your EAD ( IV's current indirect-primary objective ) , you can do work of your company and do those tax benifit tacktics .
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
Once you get your EAD ( IV's current indirect-primary objective ) , you can do work of your company and do those tax benifit tacktics .
more...
pkjena
10-17 07:44 PM
I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
techskill
01-10 05:29 PM
does anyone have an answer
I read somewhere that you should have $5000 minimum in the your account.
I read somewhere that you should have $5000 minimum in the your account.
more...
coolpal
02-06 10:20 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
sriramkalyan
02-06 11:22 AM
So what ... r u scared ...you will be deported ...
more...
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
deecha
07-16 04:05 PM
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
It was worth a try. Oh well !
-C.
It was worth a try. Oh well !
more...
CaliHoneB
09-21 10:50 AM
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
chanduv23
09-14 12:11 PM
Do we want to be known as a bunch of macacas??????
Come on folks, lets get going .......nothing should stop you
Come on folks, lets get going .......nothing should stop you
seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
gcseeker2002
07-14 01:08 PM
Can someone confirm the same for BA via London?
London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.
London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.
desi3933
05-15 04:21 PM
I got my GC last year august but her gc/485 status is still pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Its ok. Her I-485 can be approved only when PD is current.
__________________
Not a legal advice.
Its ok. Her I-485 can be approved only when PD is current.
__________________
Not a legal advice.
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