2005 Consolidated Tracker (140/EAD/AP/FP/485)
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GCVARUMA said:
Now we hope that the special congressional committee to reconcile the differences picks up S. 1932 Section 8001, 8002 so we can count on getting the 485 approvals early next year as well...
otherwise we can only hope to use the AC 21 for the next couple of years and wait for the visa numbers pretty much indefinitely....
Although -- I have a beef with the people who claim that the 2001 amnesty should affect us... for starters...
Amnesty should affect EB3 other workers and I'd be surprised if any of us are included in that group.... as far as visa # availability goes. I can understand some impact flowing upwards (as far as EB categorization goes) because of increased workload at USCIS but this should not be considerable.
Also given the per country quota system, this EB3 other worker quota should be consumed from Latin American country workers.. how does this affect Indian professionals ?? Again... I understand the resource demands this puts on USCIS but this should not be substantial.
Does anyone here understand, how professionals (EB1, 2 and 3 professionals) stand to lose much from the Apr 2001 applications ????
spidey said:
Spidey,
First of all congrats! on your EAD APPROVAL.
Regarding the effect of all those 2001 amnesty filers, I agree with your assessment.
I am inclined to think most of those cases would not fall under the regular EB1, EB2 , EB3 categories and would perhaps be for other categories.
I would say that the increased workload at USCIS because of those 2001 amnesty filers looks like a potential bottle neck.
Hopefully the retrogession dates keep moving forward the same way as it has in the past month.
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SaiWelcome
Registered Users (C)
Support S.1932 bill
Just Now Faxed to 12 different states to all senators/congressman.
I will keep faxing all the day in behalf of my family, friends and other GC Sufferes.
Guys, Keep faxing , we need your full support.
http://boards.immigrationportal.com/showthread.php?p=1300416#post1300416
Just Now Faxed to 12 different states to all senators/congressman.
I will keep faxing all the day in behalf of my family, friends and other GC Sufferes.
Guys, Keep faxing , we need your full support.
http://boards.immigrationportal.com/showthread.php?p=1300416#post1300416
Retro question...
I got the LCA approved on September 21 and will be filing the I-140 soon. I got married recently and my husband is currently on B1. We will be going to the U.S. Consulate during our honeymoon for his H4 so we do have to wait until we get back to NY early December to file.
My question is more general. The amnesty in April of 01 really screwed all of us over (I waited from November 2001!!! BTW, NY case...) . If the Immigration Reform Bill doesn't pass are we going to be waiting another 4+ years for the approval on the I 485? Maybe we won't even be able to file for the adjustment until 4 years from now. What are your thoughts? I think this is insane.. I have been in this country for more than 10 years, went to school here, own a home, pay taxes... We would like to have a family soon and that must be on hold until we know what our situation is going to be like..I'm sure plenty of you are in the same spot.
Thought anyone?
(BTW, I keep on faxing...senators...congresmen...and their cousins
RC
I got the LCA approved on September 21 and will be filing the I-140 soon. I got married recently and my husband is currently on B1. We will be going to the U.S. Consulate during our honeymoon for his H4 so we do have to wait until we get back to NY early December to file.
My question is more general. The amnesty in April of 01 really screwed all of us over (I waited from November 2001!!! BTW, NY case...) . If the Immigration Reform Bill doesn't pass are we going to be waiting another 4+ years for the approval on the I 485? Maybe we won't even be able to file for the adjustment until 4 years from now. What are your thoughts? I think this is insane.. I have been in this country for more than 10 years, went to school here, own a home, pay taxes... We would like to have a family soon and that must be on hold until we know what our situation is going to be like..I'm sure plenty of you are in the same spot.
Thought anyone?
(BTW, I keep on faxing...senators...congresmen...and their cousins
RC
Bill for Visa number relief
I read somewhere on some other thread on this forum ,that the HOUSE passed the BILL , HOWEVER the provisions to recapture unused VISA numbers & permission to file for 485 after 140 irrespective of Visa number availability were not included. Is it true ?
When do we expect the US govt to reconcile the Bill passed by Senate & House and get the President to sign it ?
I have a feeling that as the backlog starts building up , USCIS will come up with some kind of 'backlog reduction process' just like it is doing for LABOR cert.
I read somewhere on some other thread on this forum ,that the HOUSE passed the BILL , HOWEVER the provisions to recapture unused VISA numbers & permission to file for 485 after 140 irrespective of Visa number availability were not included. Is it true ?
When do we expect the US govt to reconcile the Bill passed by Senate & House and get the President to sign it ?
I have a feeling that as the backlog starts building up , USCIS will come up with some kind of 'backlog reduction process' just like it is doing for LABOR cert.
rc10580 said:I got the LCA approved on September 21 and will be filing the I-140 soon. I got married recently and my husband is currently on B1. We will be going to the U.S. Consulate during our honeymoon for his H4 so we do have to wait until we get back to NY early December to file.
My question is more general. The amnesty in April of 01 really screwed all of us over (I waited from November 2001!!! BTW, NY case...) . If the Immigration Reform Bill doesn't pass are we going to be waiting another 4+ years for the approval on the I 485? Maybe we won't even be able to file for the adjustment until 4 years from now. What are your thoughts? I think this is insane.. I have been in this country for more than 10 years, went to school here, own a home, pay taxes... We would like to have a family soon and that must be on hold until we know what our situation is going to be like..I'm sure plenty of you are in the same spot.
Thought anyone?
(BTW, I keep on faxing...senators...congresmen...and their cousins
RC
If nothing is done about the current situation, things will get pretty bad. Another 4 years is improbable in your particular case as you have a pretty old PD (Nov 2001, it sounds like) but without knowing all the details of your case it would be hard to say anything.
Still assuming all other things are in good standing and nothing gets done about the visa # issue you are probably looking at another 2 years before you can get anywhere with the 485. At best another year to file the 485 and another year or so for approval.
Well...It all depends on your EB Type EB2/EB3, even though both are slow EB3 dates movement will be blocked by April 2001 cases as most of them are EB3. EB2 is going to move little bit faster but as USCIS said there may not be much improvement this year and 1Q 2006 will be crucial for all of us and USCIS expects the retro dates will be worst next year and may even freeze.
again, if the immi relief provisions from S.1932 are reconciled in final bill then you (in fact all of us) have pretty good chance. The current status these relief provisions are,
> Passed in senate (S.1932)
> House has passed a bill (H.R.4241) which doesn't have these provisions
> Now a senate-house committee will reconcile the conflicting sections (they may accept some and drop some...). Congress is going to return on Dec 6th and stay tuned for any update.
With present scenario, things seem pretty hard considering 7% country limit and 140000 cap.
hope for the best...
MD2001
again, if the immi relief provisions from S.1932 are reconciled in final bill then you (in fact all of us) have pretty good chance. The current status these relief provisions are,
> Passed in senate (S.1932)
> House has passed a bill (H.R.4241) which doesn't have these provisions
> Now a senate-house committee will reconcile the conflicting sections (they may accept some and drop some...). Congress is going to return on Dec 6th and stay tuned for any update.
With present scenario, things seem pretty hard considering 7% country limit and 140000 cap.
hope for the best...
MD2001
rc10580 said:I got the LCA approved on September 21 and will be filing the I-140 soon. I got married recently and my husband is currently on B1. We will be going to the U.S. Consulate during our honeymoon for his H4 so we do have to wait until we get back to NY early December to file.
My question is more general. The amnesty in April of 01 really screwed all of us over (I waited from November 2001!!! BTW, NY case...) . If the Immigration Reform Bill doesn't pass are we going to be waiting another 4+ years for the approval on the I 485? Maybe we won't even be able to file for the adjustment until 4 years from now. What are your thoughts? I think this is insane.. I have been in this country for more than 10 years, went to school here, own a home, pay taxes... We would like to have a family soon and that must be on hold until we know what our situation is going to be like..I'm sure plenty of you are in the same spot.
Thought anyone?
(BTW, I keep on faxing...senators...congresmen...and their cousins
RC
EAD and AP Approved
Guys,
I just received mails saying that my EAD and AP are approved.
Spidey and others, can any of you tell me how many days it takes to receive the AP in mail after approval. I am leaving for India on 24th and it seems I may not get the AP document before my departure.
Anyway I have already made up my mind to go for h1 stamping but it will be good to take the AP also with me since it is already approved.
Thanks,
MD2001
Guys,
I just received mails saying that my EAD and AP are approved.
Spidey and others, can any of you tell me how many days it takes to receive the AP in mail after approval. I am leaving for India on 24th and it seems I may not get the AP document before my departure.
Anyway I have already made up my mind to go for h1 stamping but it will be good to take the AP also with me since it is already approved.
Thanks,
MD2001
MD2001 said:
I dont have mine yet but it may take upto 2 weeks.
Here's what I would do if I were you, go to your post office and forward your mails to a trusted friends house. Ask this friend to forward this particular document to you in India via FedEx.
It is more advisable to travel on your H1B anyway but a good idea to keep your AP on you on your return should you need it.
Of course, money should not be an object when your friend forwards this document to you. ALTERNATIVELY, you can have your lawyer their copy to you to your address in India via FedEx (of course you may have to tell the lawyer you will pay for FedEx charges etc.)
Goodluck and Congrats.
AP documents goes to Lawyer, not to the beneficiary. So you might want to see if your Lawyer can FedEx it to you in India.
Also, if you are expecting any documents from USCIS (EAD, FP notice, etc), they don't get forwarded to the forwarding address, but returns back. so you should be carefull before you do such forwarding.
SPinUS
Also, if you are expecting any documents from USCIS (EAD, FP notice, etc), they don't get forwarded to the forwarding address, but returns back. so you should be carefull before you do such forwarding.
SPinUS
spidey said:
help -- need clarifications!!!
friends,
my worst nightmare is about to come true: the writting is on the wall about my position possibly being eliminated very soon. so i am trying to figure out a back up plan and how to proceed. my 140 was approved a while ago, but i can't even file for 485 and EAD due to retrogression. here are some of the questions i hope you can help clarify:
1-someone mentioned in the forum that even if layed off, it's possible to file for a 3 year h1b in any other company with the 140. is that true even if i have not applied for 485 yet? or is it possible only if it has been more than 180 days since i filed for 485?
2-since 140 is approved, is the PD mine to keep even if i haven't applied for 485?
3-if i can apply in another company, does the job has to be the same as described in my LC?
4-if laid off, how long do i have to find another job without being out of status?
5-is there anything else i need to be aware off? anything else i can/should do?
thanks in advance for any clarifications and advice!!
congrats to all those that got ap, 140, ead, ect...approved recently!! good to hear that somoene is at least getting there...
friends,
my worst nightmare is about to come true: the writting is on the wall about my position possibly being eliminated very soon. so i am trying to figure out a back up plan and how to proceed. my 140 was approved a while ago, but i can't even file for 485 and EAD due to retrogression. here are some of the questions i hope you can help clarify:
1-someone mentioned in the forum that even if layed off, it's possible to file for a 3 year h1b in any other company with the 140. is that true even if i have not applied for 485 yet? or is it possible only if it has been more than 180 days since i filed for 485?
2-since 140 is approved, is the PD mine to keep even if i haven't applied for 485?
3-if i can apply in another company, does the job has to be the same as described in my LC?
4-if laid off, how long do i have to find another job without being out of status?
5-is there anything else i need to be aware off? anything else i can/should do?
thanks in advance for any clarifications and advice!!
congrats to all those that got ap, 140, ead, ect...approved recently!! good to hear that somoene is at least getting there...
foret1 said:
foret1
Sorry to hear that but it may not be as bad as you think. Of course, talk to a independent lawyer before proceeding but here's what I think is true....
1-someone mentioned in the forum that even if layed off, it's possible to file for a 3 year h1b in any other company with the 140. is that true even if i have not applied for 485 yet? or is it possible only if it has been more than 180 days since i filed for 485?
You need your current H1b to transfer and then it maybe possible to extend based on retro (as long as you take your PD and approved 140 with you)
2-since 140 is approved, is the PD mine to keep even if i haven't applied for 485?
Yes. Talk to a lawyer about how.
3-if i can apply in another company, does the job has to be the same as described in my LC?
At least 50% of the duties have to be same or similar. Get a good lawyer this is not a big deal but you need a good lawyer.
4-if laid off, how long do i have to find another job without being out of status?
Not sure but I think it maybe 45 days ... also there are no strict guidelines... one thing is for sure your H1b will become invalid if not already transfered.
Again, get a lawyer.
5-is there anything else i need to be aware off? anything else i can/should do?
I dont think so... just make sure you transfer your H1b before you are terminated. Otherwise you will need a NEW H1b and that is impossible rite now.
Goodluck, if you play your cards rite, you're not in too much trouble.
Thanks Spidey and Spinus
Thanks for the quick response. I will get clarification regarding who receives the AP documents (I was assuming we 'the applicant').
Anyway since AP is approved when I was here, it is clear from your responses that the AP can be used as a backup option to re-enter.
currently I have 'Hold mails at Post Office' but they may not give the mails to someone else unless I give some kind of authorization.
Thanks again and will post any update from my lawyer also...
MD2001
Thanks for the quick response. I will get clarification regarding who receives the AP documents (I was assuming we 'the applicant').
Anyway since AP is approved when I was here, it is clear from your responses that the AP can be used as a backup option to re-enter.
currently I have 'Hold mails at Post Office' but they may not give the mails to someone else unless I give some kind of authorization.
Thanks again and will post any update from my lawyer also...
MD2001
spidey said:
Sorry foret1...
foret1,
Sorry to hear that. In addition to the valuable info Spidey mentioned, couple of things:
1. When you transfer your H1, you should be able to get 3 year extension based on the approved 140.
2. Try to convince your employer to continue the GC process because unlike H1 which needs mandatory informing to USCIS, GC is for future position and they can help you by doing 'just nothing'. This is true as my old company helped many of the employees they laid off.
3. In case the above doesn't work, still you can retain the PD (as your 140 is approved and provided they don't revoke) and can use it with future 485.
Best of luck and contact a good lawyer like Murthy or Rajeev. They will definitely help and manage your situation.
MD2001
foret1,
Sorry to hear that. In addition to the valuable info Spidey mentioned, couple of things:
1. When you transfer your H1, you should be able to get 3 year extension based on the approved 140.
2. Try to convince your employer to continue the GC process because unlike H1 which needs mandatory informing to USCIS, GC is for future position and they can help you by doing 'just nothing'. This is true as my old company helped many of the employees they laid off.
3. In case the above doesn't work, still you can retain the PD (as your 140 is approved and provided they don't revoke) and can use it with future 485.
Best of luck and contact a good lawyer like Murthy or Rajeev. They will definitely help and manage your situation.
MD2001
foret1 said:
Time to get EAD after approval
I got my EAD card on 4th day after approval.
I did not get my AP directly. It was sent to my lawyer and he mailed me.
So, you can give your India home address and ask him to mail there through Fed Ex and pay him the Fed Ex charges.
Nirvan
I got my EAD card on 4th day after approval.
I did not get my AP directly. It was sent to my lawyer and he mailed me.
So, you can give your India home address and ask him to mail there through Fed Ex and pay him the Fed Ex charges.
Nirvan
MD2001 said:
MD2001 said:
Just checked with my lawyer and was told that EAD will come directly to me and AP will go to lawyers office.
Spinus and Nirvan have also said they had same experience. This is good for you, you can have your lawyer forward this to your address in India.
Thanks Nirvan and Spidey
Thanks guys...I was not able to talk to my lawyer, seems he is out of office.
Anyway by seeing Nirvan's signature i.e his AP was approved on 18th and his lawyer already received? it in mail, Spidey you should be receiving your EAD/AP at anytime soon.
My wife's AP is still pending (not updated?) even though her EAD is approved at the same time as mine. If her's also get approved then we are in good position to use them avoiding the stamping hassle at chennai.
Have a nice long week-end and enjoy the holidays...
Thanks
MD2001
Thanks guys...I was not able to talk to my lawyer, seems he is out of office.
Anyway by seeing Nirvan's signature i.e his AP was approved on 18th and his lawyer already received? it in mail, Spidey you should be receiving your EAD/AP at anytime soon.
My wife's AP is still pending (not updated?) even though her EAD is approved at the same time as mine. If her's also get approved then we are in good position to use them avoiding the stamping hassle at chennai.
Have a nice long week-end and enjoy the holidays...
Thanks
MD2001
Nirvan said: