rajuram
06-19 09:48 PM
Pay and move forward. Most of us have spent years to get this stage. Do not spoil it now....hopefully more $$$ will pour in once you get past this stage!
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
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msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
Shirdibaba
11-03 11:54 AM
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
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qplearn
12-20 11:59 AM
If true this would REALLY benefit a lot of spouses especially someone like our core member Shilpa.
I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs
Is this a new "law"? I thought USCIS cannot pass "laws" on its own. Or this simply an intepretation of an existing legal procedure ---- which I understand USCIS is allowed to do on its own?
I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs
Is this a new "law"? I thought USCIS cannot pass "laws" on its own. Or this simply an intepretation of an existing legal procedure ---- which I understand USCIS is allowed to do on its own?
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sanju
10-21 10:14 PM
suresh.emails,
I said in my earlier post that I will think about it. This is what I have to say.
There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question – which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don’t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again – which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don’t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?
The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don’t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn’t it. Life would be so much easier; it would be so much fun.
But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that’s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us “intelligently” – in multi-dimension.
Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.
It’s ok to express in the any forum and if you don’t like a forum, as in this case you don’t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It’s the choice you make. And then you apply single dimension analysis – if you don’t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.
The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn’t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.
.
I said in my earlier post that I will think about it. This is what I have to say.
There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question – which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don’t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again – which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don’t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?
The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don’t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn’t it. Life would be so much easier; it would be so much fun.
But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that’s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us “intelligently” – in multi-dimension.
Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.
It’s ok to express in the any forum and if you don’t like a forum, as in this case you don’t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It’s the choice you make. And then you apply single dimension analysis – if you don’t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.
The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn’t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.
.
r_mistry
11-06 02:55 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
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rahulpaper
07-02 03:21 PM
Total 1000+ (Medical/Photograph/Travel to Doc/Postage/affidavits/phone calls/etc).
2010 Welcome to Witty Walls!
gc_in_30_yrs
09-14 03:20 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
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gc_chahiye
12-18 08:15 PM
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
filing of MTR does not give you status, once they accept it, yes you are in status again.
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
filing of MTR does not give you status, once they accept it, yes you are in status again.
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
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aau
08-22 01:58 PM
It would help if Masters is only counted from the Acredited Univs...
I am sure they will take care of that loophole... the fact is , even NJIT is an Accredited University. The Degree is not worth the paper it is printed on though.
In any case, as long as its not an Online degree..it should be permissible.
I am sure they will take care of that loophole... the fact is , even NJIT is an Accredited University. The Degree is not worth the paper it is printed on though.
In any case, as long as its not an Online degree..it should be permissible.
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apt29
08-12 04:52 PM
A little unrelated question but couldn't find the the right thread to post it...
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
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chumki
12-18 02:40 PM
Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
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Dhundhun
12-29 02:37 PM
Please modify title.
Also, it will be quite useful to set a counter, how many people started using AC21.
Also, it will be quite useful to set a counter, how many people started using AC21.
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rajuseattle
05-12 11:26 AM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
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chanduv23
03-11 02:44 PM
Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms
It is not so easy to convince Sen Grassley.
It is not so easy to convince Sen Grassley.
dresses Dennys Funny Quotes: 42 Monday
ajm
01-26 04:48 PM
This definitely raises a red flag, given that it is so open-ended. Come to think of it, all companies invest in training/educating their employees. Asking the employee to refund those costs on seperation seems a bit absurd.
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jkays94
08-15 01:51 PM
You think they will go thru thousands of applications and check the tracking number? Besides I don't think they keep the original mailing envelope. So I think asking us to keep the tracking number is just BS.
If you refer to the 485 processing SOP, the front of the mailing envelope is kept together with the application.
If you refer to the 485 processing SOP, the front of the mailing envelope is kept together with the application.
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chakalov
08-01 12:17 PM
Guys give it a couple of days. You'll start getting the receipts soon. Yes they are working on July 2 plus before July 2 mail. In another couple of days all their personnel will be working full time on the hundreds of thousands applications mailed in July. So be patient. It will happen....
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nogreen4decade
07-16 07:24 PM
1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
Sorry, you are an IDIOT!
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
Sorry, you are an IDIOT!
sushilup
02-10 06:37 PM
There was soft LUD in my case also today
mine is also WAC and PD-FEB05, EB2
NOT SURE WHAT THAT MEAN
Thank you gcformeornot.
mine is also WAC and PD-FEB05, EB2
NOT SURE WHAT THAT MEAN
Thank you gcformeornot.
hopefull
07-06 04:52 PM
I wonder where you work and which country you live :confused:
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
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