2005 Consolidated Tracker (140/EAD/AP/FP/485)

One envelope

Thanks so much for your answer.



WhereIsMyGCUSA said:
Thank you very much, LaborBadhi.

One more question: did you send out two separate applications, one for you and one for your wife? I mean you sent them in two envelopes, right?

To cubiclefun: I read the Form-765 instructions again and found that we should send our application to VSC, _not_ chicago. The direct mail instructions are for those family-based (not employment-based) applications, which are also in the c(9) category.
 
Address

cubiclefun said:
Hi LaborBadhi,

I am also sending my EAD/AP renewal papers for me and my wife. I am little confused with where to send the applications because I am not able get the clear cut address from the form.

I hope mine is similar to your case i.e Applied concurrent in Vermont and 140 approved and 485 pending in Vermont service center. Should I send my renawal papers the address you have give ( Vermont ) or the chicago for both my AP and EAD papers. I would appreciate your help.

Thanks

The Address I sent my docs is:
USCIS Service Center
75 Lower Welden Street
St.Albans, VT 05479-0001

It is advisable to use separate envolopes for primary and dependent. It costs < 5 bucks(I used priority mail delivery confirmation).
 
90 days

sappana said:
Hi,

Could someone pls tell me how many days in advance you need to file for EAD renewal before it expires. My EAD expires on 06/28. I want to wait till the last possible time before i apply for renewal as my priority date is current from June 1st.

Thanks in advance,

-Sappana

EB3 : PD:03/2001
I-140 : RD:05/26/05, ND:06/02/05, RFE 12/9/05, AD 03/08/2006
EAD : AD 06/28/05
I-485 : RD 05/26/05, ND:06/02/05

It is adviced before 90 days.
If you or your depended not using EAD, you can wait until last possible date. otherwise please make plans accordingly.

I wish your case approved soon because your PD is current and 485 ND also close to an year.
 
Good News!

Good News!!!

05/25/2006: An Amendment Negative to EB Immigration Passed Today

The Senate passed today Bingaman amendment to limit the total number of EB aliens including spouses and children for the EB-based green cards be limited to 650,000 during any fiscal year. The original bill was to exempt the spouses and children of the EB immigrants from the numerical limitation and principal EB immigrants number was proposed to be 450,000. In a way, these two proposals remain intact, provided that the spouses and children can indirectly restrict the total EB numbers available for the EB immigrants and their spouses and children.

Source: www.immigration-law.com
 
LaborBadhi said:
Good News!!!

05/25/2006: An Amendment Negative to EB Immigration Passed Today

The Senate passed today Bingaman amendment to limit the total number of EB aliens including spouses and children for the EB-based green cards be limited to 650,000 during any fiscal year. The original bill was to exempt the spouses and children of the EB immigrants from the numerical limitation and principal EB immigrants number was proposed to be 450,000. In a way, these two proposals remain intact, provided that the spouses and children can indirectly restrict the total EB numbers available for the EB immigrants and their spouses and children.

Source: www.immigration-law.com

LaborBadhi,

As I understand , the current annual limit for EB visa numbers is 140,000. The Senate has passed an amendment to raise this limit to 650,000. However spouse and children will need their own visa number. Is this correct ?
 
05/26/2006: Semi-Conductor Industry Association Hails Passage of S. 2611
--------------------------------------------------------------------------

The Senate bill increases the annual cap on H-1B visas from 65,000 to 115,000, creates a market-based cap to allow for future increases if market condition warrant, and raises the green card cap to 650,000 for fiscal years 2007-2016. The bill also exempts from the H-1B cap for workers who have earned a masters or Ph.D degree in science, technology, engineering and math (STEM) and exempts from the green card cap those workers with masters and Ph.D STEM degrees who have worked in the U.S. for at least three years. The current limits on H-1B visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006. According to figures supplied by the USCIS, by the end of this month we will also have a backlog that, absent an increase in the cap, will use all of next year's available H-1B visas by the end of the month!

The SIA urges the Congress to quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership.
 
yes

HK_HR said:
LaborBadhi,

As I understand , the current annual limit for EB visa numbers is 140,000. The Senate has passed an amendment to raise this limit to 650,000. However spouse and children will need their own visa number. Is this correct ?

That's right.

Have nice long weekend guys!!!
 
The manager's amendment which was the last amendment to pass includes the provision which exempts the spouse and children of the applicant from the quota. Does this supercede the Bingaman amendment which increased the quota to 650,000 but included spouse and children in this quota?

LaborBadhi said:
That's right.

Have nice long weekend guys!!!
 
LaborBadhi,

Thanks for the info and wishes.

- Sappana

LaborBadhi said:
It is adviced before 90 days.
If you or your depended not using EAD, you can wait until last possible date. otherwise please make plans accordingly.

I wish your case approved soon because your PD is current and 485 ND also close to an year.
 
I think the way it currently stands, the 450,000 limit does not include the spouses and children, but the 650,000 does - they seem to be 2 different regulations.

I am, however, a little confused about the visa number cap applicability. Does the excemption apply to anybody who has a masters degree from an accredited US university and worked here for three years, or does it only apply to applicants with a US masters degree (STEM related) with three years experience in a STEM related field?
 
S2611

Also, if this become a law does it mean that applicants who satisfy these conditions and who have already filed for I140/I485 but are from retrogressed countries will have visa numbers available immediately?

I am little confused. Can somebody please explain.

Thanks
 
progress said:
I think the way it currently stands, the 450,000 limit does not include the spouses and children, but the 650,000 does - they seem to be 2 different regulations.

I am, however, a little confused about the visa number cap applicability. Does the excemption apply to anybody who has a masters degree from an accredited US university and worked here for three years, or does it only apply to applicants with a US masters degree (STEM related) with three years experience in a STEM related field?

It applies to only those candidates who have Masters / PHD degree in STEM.
 
That's what I thought but the Q&A section in immigration-law says otherwise. That's why I am not sure what to believe:

Here is the excerpt from immigration-law:

Q 3(05-29-06): I am an Indian who studied and earned a MBA in Finance from the UCLA in California. I am currently working with a financial institution as the investment analyst. My employer is about to initiate the PERM proceeding to file a EB-2 application. As you know, EB-2 for India is currently heavily backlogged and it may take foreover before I can file I-485 application. People keep talking about STEM exemption from numerical limitation. I believe the Senate Judiciary Chairman's bill limited it to the STEM and so was the S. 2611 when the Senate floor started debating the S. 2611 (CIRA). Has there been any changes since then? Will I be exempt from the numerical limit so that as soon as the PERM application is approved, I will be able to file I-485 under the bill which the Senate passed last week? A 3: All the proposals had limited the numerical limitation to STEM until Sen. Cornyn introduced a bill recently expanding it to the non-STEM aliens, provided that the master's or higher degree was earned from a U.S. university. In the final bill which the Senate passed last week, the following people have been added to the list of numerical limitation exemption: (1) Master or higher degree earned from an accredited university in the U.S. In this category, the key is not major field of study but graduation from an accredited U.S. university. Accordingly, anyone who earned a master's or higher degree from an accredited university in the U.S. will be exempt from the numerical limitation regardless of their specialty fields. This will include STEM and non-STEM inasmuch as one graduated from such an accredited U.S. university. On the other hand, those who graduated from a foreign university or unaccredited U.S. university earning a master's or higher degree in STEM will not be exempt from the numerical limit, not to mention non-STEM foreign degree holders. The foreign STEM major master's degree or higher degree holders from a foreign university must meet additional requirement to be qualified for exempt from the numerical limitation. This is indeed a big change in the final bill. (2) Those who have been awarded a medical speciality certificate based on the post-dotoral training and experience in the U.S. preceding the application for an immigrant visa. Basically the IMGs who completed specialty training or residency in the U.S. will fall under this category. Accordingly, these IMGs will not be subject to the numerical limitation. (3) Employment is in the shortage occupation as designated by the agency as the occupation of blanket certification. This has been called "Schedule A." The shortage occupations can be added or removed by the agency depending on the labor markets in the U.S. These people will not be subject to the numerical limitation. In additiona, the following categories were proposed in the original S. 2611 and all of these categories survived in the final bill, such as: (4) EB-11 Extraordinary Worker. (5) EB-12 Outstanding Researcher or Teacher. (6) EB-2 (National Interest Waiver approved cases only). (7) Those who earned a master or higher degree in STEM (no matter where it was earned, thus both U.S. or foreign universities) and have been working in a "related" field in the U.S. in a nonimmigrant status during the three-year period preceding the application for the immigrant visa. This categories require more than STEM major. Work must be gained in the job "related " to his/her major STEM field. Additionally, the only work that will be counted include working in a nonimmigrant status. Accordingly, if he or she has been working in the related filed but not in nonimmigrant status, such STEM alien will not be exempt from the numerical limit. (8) Finally, the spouses and "children" (below 21 years of age) of the alien who is admitted as an employment-based immigrant. However, these family members will be counted for the purpose of 650,000 annual EB employment cap count. When it comes to the advanced degree holders, three different groups had the three different interests in the specific legislation of numerical limitation exemption and H-1B special provisions. One group constitues U.S. degree earned aliens. The second group is foreign degree earned. The third group is STEM vs. non-STEM specialties in their majors. These groups are treated differently in the three areas of the CIRA: (1) Exempt from Numerical Limitation; (2) Waiver of Labor Certification or Special Handling Labor Certification; (3) Exempt from H-1B Annual Cap or Counted as Special 20,000 Number. In your case, you and your family members will be exempt from the numerical limitation if the Congress passes the bill the way it reads now.
 
Emergency Travel help needed

My current situation:
My passport was stamped visa with company A and visa expired 2003. They reapplied new H1 which will expire in Aug 2006 (my passport didn't get stamped). I changed to company B with using this H1 and applied LC (approved),140 (approved) filed I 485 (approved AP and EAD 485 still pending). I got some family emergency I need to travel. And I do have the following questions.

If I use the advance parole to reenter United States, does this have any impact on my H1b status after I come back. Will the H1b status be still valid after the trip? And if yes can I change to a new company??
 
I think you will be in aos status once you come back.

But If it is a real family emergency, dont bother about these things. Enter in AP again , then think after you come back.

APISSUE said:
My current situation:
My passport was stamped visa with company A and visa expired 2003. They reapplied new H1 which will expire in Aug 2006 (my passport didn't get stamped). I changed to company B with using this H1 and applied LC (approved),140 (approved) filed I 485 (approved AP and EAD 485 still pending). I got some family emergency I need to travel. And I do have the following questions.

If I use the advance parole to reenter United States, does this have any impact on my H1b status after I come back. Will the H1b status be still valid after the trip? And if yes can I change to a new company??
 
I understand even u enter via AP your H1B status will not change. It will change if you use it for employment purpose.
/O
 
I140 and I485 Approved

Today I took a peek at the USCIS WEB page and found BOTH were approved!

No email sent though. See signature for details.

Wish you all good luck!

Juanito
 
Congratulations

Congratulations. Guys, Please post your approvals here that would give a bright hopes to everyone.

Thanks


Juanito said:
Today I took a peek at the USCIS WEB page and found BOTH were approved!

No email sent though. See signature for details.

Wish you all good luck!

Juanito
 
Congrats!

Juanito said:
Today I took a peek at the USCIS WEB page and found BOTH were approved!

No email sent though. See signature for details.

Wish you all good luck!

Juanito
Congratulations!
 
Congratulations! that's terrific news!

Juanito said:
Today I took a peek at the USCIS WEB page and found BOTH were approved!

No email sent though. See signature for details.

Wish you all good luck!

Juanito
 
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