cfan666666
06-22 03:10 PM
http://www.uscis.gov/files/pressrele...ling062107.pdf
Does this mean USCIS take it back?
Does this mean USCIS take it back?
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dupedinjuly
07-10 02:48 PM
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
prinive
03-27 07:03 PM
:rolleyes:
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logiclife
12-20 08:06 PM
Accuracy of is really really bogus.
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
more...
gapala
07-10 03:15 PM
Hi Dhundhun,
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
What is the result of appeal?
Based on the information provided on above post , I believe X is paying you in view of pending appeal.
Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.
Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.
thakkarbhav
08-26 03:28 PM
Normally in the job ad they specify if they need greencard holder or citizen. If they have not specified and you have job then it is all set. EAD is the document which establish your right to work. so they ask it when you join them. They will take photocopy of it. You need to update them when you renew your EAD.
more...
IQAndreas
11-11 06:07 PM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
Aw... So you're not the judge?
Kirupa, could you void that $800 transfer I made to your PayPal account?
:)
Aw... So you're not the judge?
Kirupa, could you void that $800 transfer I made to your PayPal account?
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indianindian2006
02-08 08:38 PM
what is OCI??
Overseas citizen of India
Overseas citizen of India
more...
mdcowboy
09-15 02:38 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
:)
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
:)
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ksrk
01-21 06:43 PM
Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.
Thanks.
You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.
Thanks.
You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.
more...
sdrblr
07-06 02:26 PM
you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.
Are you sure on this?
I am not 100% sure but I remember reading here or on immig portal.com that you can enter on AP and still use H1 to work. Can somebody please clarify.
Are you sure on this?
I am not 100% sure but I remember reading here or on immig portal.com that you can enter on AP and still use H1 to work. Can somebody please clarify.
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johnamit
08-02 01:01 PM
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
thanks
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sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
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eagerr2i
08-02 02:19 PM
Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.
more...
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trueguy
08-08 06:08 PM
I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.
Thanks
Thanks
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yagw
08-04 06:33 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D
more...
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newlife2
09-19 10:15 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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jnraajan
03-27 11:56 AM
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
My Receipt ID: 54118296K6578915K
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amitjoey
04-16 04:05 PM
Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?
vijse
12-16 11:58 AM
I got it correct yesterday .
Thanks for the advice.
Thanks for the advice.
centaur
03-28 05:46 PM
An employer can file your GC with "an intention to employ", irrespective of visa status
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
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