stemcell
12-26 01:45 PM
Does the bill have provisions to increase residency positions ? I heard few months back about hard lobbying to increase the match positions by 15000 to accomodate new patients because of the mandate. Any idea?
Thanks
A
Havent seen any increase in residency positions.
I dont think the bill addresses the 'real' issues that are plaguing health care in this country.
Thanks
A
Havent seen any increase in residency positions.
I dont think the bill addresses the 'real' issues that are plaguing health care in this country.
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martinvisalaw
08-12 02:02 PM
First, the letter you got is probably a standard local office interview letter, so that it assumes a marriage-based interview rather than employment-based. This happens often.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
saketh555
08-17 05:03 PM
Doesn't matter, you can show which ever has longer validity, they just need to make sure that you are legal.
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jelo
02-10 10:31 AM
Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
Thanks alot for responding
Thanks alot for responding
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Butters
04-24 06:34 PM
:thumb:
radhay
01-09 09:34 AM
You will be called for interview at your local USCIS office in 6-12 weeks. Nothing to worry. Check this http://www..com/discussion-forums/i485-1/4343221/
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kodey7
12-10 12:00 PM
Thanks beuhler.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
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zerozerozeven
04-01 11:04 PM
04/02/2008: Petitions/Applications Backlogs as of 02/29/2008
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
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Hinglish
03-04 05:17 PM
Source: ILW News Letter
Serious immigration legislation is in the air. Rep Shuler's (D-
NC) enforcement-only bill has attracted a fair number of supporters, and the rumor is that the House Republicans will try to force through a discharge petition necessitating a vote on the bill. While we are skeptical that a discharge petition has much chance of success, the House Democratic leadership is apparently not so sanguine (for info on discharge petitions, see here).
http://en.wikipedia.org/wiki/discharge_petition
The House Hispanic Caucus has prepared a plan to meet the antis head on if they force a vote on the Shuler Bill.
The plan begins with the proposition that any serious discussion of immigration on the Hill will definitely harm Republican presidential nominee McCain. If he supports the "pros", the anti immigration fanatics in the Republican party will not support him in the general election; if he supports the "antis", it will weaken his appeal to the independents for the general election.
Second, should a vote on the Shuler bill come about, the House Hispanic caucus would seek to attach numerous benefit amendments to it - there is every likelihood that some of these amendments will succeed, a raising of the H cap, for example. Hopefully, so the thinking among the strategists among the House Democrats goes, the success of a few amendments will be a "poison-pill"
guaranteeing the defeat of the over-all measure since the antis are not in a mood to make any deal trading enforcement with benefits at this time. Ironically, the antis in the House may be forced to vote against the amended Shuler bill, thus positioning the Democrats as the real pro-enforcement party.
Our take is that once started down the Hill (pun intended), the momentum of an immigration bill would be hard to stop, and we might end up with something along the lines of the Kennedy-Kyl compromise of last spring, but without the point system which doomed it. To the surprise of many, Comprehensive Immigration Reform appears far from dead. And once again, it's the antis who deserve the credit for bringing benefits to the fore.
We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
__________________________________________________ _______________
Serious immigration legislation is in the air. Rep Shuler's (D-
NC) enforcement-only bill has attracted a fair number of supporters, and the rumor is that the House Republicans will try to force through a discharge petition necessitating a vote on the bill. While we are skeptical that a discharge petition has much chance of success, the House Democratic leadership is apparently not so sanguine (for info on discharge petitions, see here).
http://en.wikipedia.org/wiki/discharge_petition
The House Hispanic Caucus has prepared a plan to meet the antis head on if they force a vote on the Shuler Bill.
The plan begins with the proposition that any serious discussion of immigration on the Hill will definitely harm Republican presidential nominee McCain. If he supports the "pros", the anti immigration fanatics in the Republican party will not support him in the general election; if he supports the "antis", it will weaken his appeal to the independents for the general election.
Second, should a vote on the Shuler bill come about, the House Hispanic caucus would seek to attach numerous benefit amendments to it - there is every likelihood that some of these amendments will succeed, a raising of the H cap, for example. Hopefully, so the thinking among the strategists among the House Democrats goes, the success of a few amendments will be a "poison-pill"
guaranteeing the defeat of the over-all measure since the antis are not in a mood to make any deal trading enforcement with benefits at this time. Ironically, the antis in the House may be forced to vote against the amended Shuler bill, thus positioning the Democrats as the real pro-enforcement party.
Our take is that once started down the Hill (pun intended), the momentum of an immigration bill would be hard to stop, and we might end up with something along the lines of the Kennedy-Kyl compromise of last spring, but without the point system which doomed it. To the surprise of many, Comprehensive Immigration Reform appears far from dead. And once again, it's the antis who deserve the credit for bringing benefits to the fore.
We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
__________________________________________________ _______________
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Cherrymn
02-17 04:29 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
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roseball
10-18 12:34 PM
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
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bestia
12-27 10:35 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
more...
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rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
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Blog Feeds
07-27 03:40 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
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sri1234
01-30 11:50 AM
~bump~
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waiting4gc02
02-20 07:42 AM
Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
more...
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shreekarthik
07-01 07:25 PM
I had expected some kind of outlook from the recent AILA - DoS liaison that happened in San Antonio. Both Matthew Oh and Sheela Murthy did not report any outlook. But here's an outlook from another lawyer
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
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masti_Gai
01-19 03:55 PM
For EB2 & EB3 category people it is the Date on which Labor was filed.:)
For EB1 category people it is the Date on which I-140 was filed.:)
For EB1 category people it is the Date on which I-140 was filed.:)
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ashwaghoshk
07-27 10:00 PM
I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
NKR
02-14 03:33 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
paritp
06-24 01:29 PM
I applied my EAD e-filed Nebraska service center on June 18th and got my FP notice on June 22nd.
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