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bank_king2003

01-22 12:45 PM

Dear Attorney,

i would like to join a very good opportunity on EAD but have one concern shown below.

"a person has a valid ead/ap and he is gone outside the country for some work purpose and uscis denies his 485 in an illegal way like for eg: (denying AOS applications that have been pending more than 180 days when an employer revokes an I-140). how will he enter USA then ??
can he file MTR when he is outside the US with the help of a lawyer ?"

Your advice will help me alot and would be really appreciated!!!!

Thanks,

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frostrated

03-16 03:32 PM

take an infopass appointment with the service center, and talk to them in person.
take all the documents that you received from the uscis when you go there.

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atlfp

12-17 01:00 AM

Forget about justice. There is only business. The logic is very simple:

Current Situation: You target some perceived very deep pockets customers and try to sell yourself to them, but now you realize that they are just some idiots;

What are the alternatives: You can continue to push/educate these idoits, or try to sell your self to somebody else. You may make less profit up front, but if you truely have something, you might be able to make more out of it in the long run;

What if everything fails: No matter how good your product is, if you are unable to sell it, regardless if it is because your stupidity or your clients/potential clients' stupidity, as long as you didn't captalize it, your product worth nothing.

The bottom line: when a business fails, nobody thinks/cares about how good your product is, on the contray, everything thinks you are an idoit that makes a product that doesn't sell.

What you can do at least: Wake up and forget about justice, there is none.

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sunny1000

05-30 02:25 PM

05/30/2008: Corrected TSC I-140 Processing Times - Not 08/26/2007 But 07/16/2007

* AILA has reported that the TSC corrected the error in its 05/15/2008 processing time report for the I-140 processing times. The date of 08/26/2007 was an error and the correct date should have been 07/16/2007. The official report will be corrected soon :(

source: www.immigration-law.com

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avisjk

06-14 10:43 AM

Since all categories are current as of july 1st, can i file for 485/EAD/AP even if my 140 is still pending. thanks.

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Waitingnvain

11-06 04:56 PM

Hi All:

I am on H1-B visa. I also have I-140, EAD and AP approved recently. I plan to send paperwork for my mom's tourist visa. Do I need to send I-485 receipt notice and copy of EAd or is it OK to send copy of latest H1-B approval?

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gps001

07-28 01:53 PM

Hi,
Right now NSC shows that the processing dates are "August 10, 2007". What does this mean? Does it mean that

a)All apps with notice dates before Aug 10, 2007 are processed?
b)All apps with receipt dates before Aug 10, 2007 are processed?
c)All apps with notice dates after Aug 10, 2007 are being processed?
d)All apps with receipt dates after Aug 10, 2007 are being processed?

My 485 application has a receipt date of July 19, 2007 and notice date of Sept 18, 2007. Any insight into the dates???

Thanks.

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marcus12

01-31 08:37 PM

Hello friends

I am thinking of taking these semester off because of my health issue

I had decided to attend classes and booked my ticket in April to my country. I am an international student

So I was thinking how many months I can stay in USA after I take a semester break

Also if I take these spring break off and than the summer break is off by default so will it be a problem if I am not in status for 7 months?

Please let me know

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coolfun

07-24 05:00 PM

My I-485 has been pending for more than 6 months now. I have an EAD but I got an RFE on my AP. I don't know what its about as I have not received the RFE yet.

I am thinking of changing my job. In my new job I don't want to use my EAD since my AP status is still hanging. Can I keep working on H1-B visa as I still have 3.5 years left on my H1? If I travel outside the country, can I re-enter with a valid H-1B visa? Can this cause an abandonment of AOS if I enter on H-1B while my AOS is pending? Please let me know. Thank you.

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askreddy

08-07 10:53 AM

.....

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LostInGCProcess

01-21 05:50 PM

.

Since I am a canadian citizen, I do not require a visa for US and hence I don't have a H1B visa stamped on my passport.
Since you know this point, I am sure the American Visa Officer working in various consulates, too, would know this. If not, send a copy of the law that says "Canadian citizens do not need Visa to enter US".

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Blog Feeds

01-05 08:10 AM

The big news is that the masters cap was hit as of December 24th. I had been predicting since last summer that this 20,000 quota would be hit in the last week of the year and the pace of usage stayed extremely consistent. The general quota has 7,700 visas of 65,000 remaining as of December 31st and the rolling four week average is now running at just over 1500. We have seen a modest up tick in usage since the masters cap ran out, but not as much as might be expected. It looks like we've got five to six...

More... (http://blogs.ilw.com/gregsiskind/2011/01/h-1b-exhaustion-target-february-7-2011.html)

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ItIsNotFunny

05-23 07:30 AM

If the new law passes, what will be impact on existing pending cases in I-485?

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mbe

01-06 11:43 PM

Hi,

My husband is on H1-B, and it expires on Feb 4th 2007. We plan to go to India, leaving the U.S. on Feb 11th 2007. His current I-94 expires on Feb 4th 2007.

We have our I-140 and 485 filed in parallel. He has received his EAD and Advanced Parole.

His lawyer wants to apply for H1-B but not use premium processing, as he can re-enter the U.S. using Advanced Parole.

Now, our concerns are these:

1. If he leaves the U.S. AFTER the expiration of his current I-94 WITHOUT having a new I-797, can it look as if he overstayed?

2. If he re-enters the U.S. using the Advanced Parole, will that change his status so that he is now considered to be on immigrant(EAD) rather than non-immigrant (H1-B) status?

Basically, we want to insist on premium processing and go for the H1-B visa stamp while in India to be sure that he does not go out of status.

Any advice on this?

Thanks :)

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sunil92

06-25 10:33 PM

Hi

I applied for L1 to H1 Conversion, but i am planning to travle to India from July 23 and will be back to US on 13th Aug.

Can I travle outside US after applying for conversion. Need some one to response ASAP

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ras

01-11 11:36 PM

I have my I 140 and I 485 (Aug 07 filer) for a future employment from a small company with EB2 as software engineer. I 140 still pending and got an RFE. I got the EAD. In a month am going to finish 180 days.


Currently, I work for Fortune's Best software company as sr. software QA engineer. My company wants to go ahead filing for my GC.

As this current company being a best american software company and I can stay for any longer, I wish to go ahead with filing for a fresh GC. However, I was wondering how I could use the benefits of the priority date from the previous 485 filing mentioned above. my company attorney suggests that am eligible for EB3 where as my 485 already filed is under EB2.

What would be the implication if my current employers files for EB3 and my previous I 485 filing is under EB2. What are the options that are available for leveraging the benefits of my previous filing or using EAD?

What is the best course of action.

Thanks for ur inputs.

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chris9902

09-29 10:01 AM

all it is, is a RED 3D ball with the words BITTERENE-JUDO-CLUB

thats all, it is for my Judo web site but i don't have SWIFT and i really need it on my flash site

also can the words scroll from right to left so it would say B I T
and so on

if anyone can help?

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Macaca

07-22 05:00 PM

DeMint's Tactics Irk GOP Leaders (http://www.rollcall.com/issues/53_7/news/19395-1.html) By John Stanton and Erin P. Billings, ROLL CALL STAFF, July 17, 2007

Sen. Jim DeMint's (R-S.C.) speedy ascension to de facto leader of the Senate's conservatives may have won him a number of fans among fiscal hawks, reform-minded watchdogs and some fellow Republican Senators, who applaud the first-term Senator for his willingness to buck the chamber's "Old Boy" traditions. But DeMint's tactics have started to chafe GOP leaders and prompted private warnings that their tolerance has worn thin.

DeMint led a small group of Republican conservatives who successfully killed immigration reform in June and has openly dueled with Democratic leaders over earmark reform, calling them out for refusing to adopt Senate-specific earmark rule changes before going to conference on a broader ethics bill that includes them.

That willingness to sidestep his leadership on immigration last month, and his ongoing fight with Majority Leader Harry Reid (D-Nev.) over earmarks reforms, has begun to irritate Republican Senate elders, including Minority Leader Mitch McConnell (Ky.) and Minority Whip Trent Lott (Miss.).

According to several Republicans, party leaders have made it clear to DeMint that while they may give him some running room over the next few appropriations-laden weeks, they will not tolerate what they see as repeated efforts to hijack the Senate floor and the public spotlight.

DeMint declined to comment directly on any warning leadership may have delivered to him regarding his increasingly high-profile crusades. But he did say it is up to McConnell and other GOP leaders to take up the mantle of reform if they do not want others to do so.

"I have a lot of respect for our leadership, and we work well as a team," DeMint said. "But there are enough of us who believe this is where we need to go as a party. And we hope our leadership will take us there. But we'll take up the banner if we need to."

Publicly, many Senate Republicans applauded DeMint's courage to take on the normally decorous chamber and for sticking up for conservative principles at a time when the party is struggling to regain its footing. But several Senators and high-level aides also privately noted that DeMint needs to be careful not to go too far, with several saying he runs the risk of being marginalized as he carves out a reputation of a flame-throwing, first-term Senator who casts aside legislating altogether.

"You have to always be careful around here not to overplay your hand," Lott warned last week.

Although disagreements between the two date back to DeMint's opposition to a Lott proposal to move train tracks in his state following Hurricane Katrina, the two have had an ugly split in recent weeks over DeMint's role as Republican Steering Committee chairman. According to GOP aides, Lott yanked his annual $7,500 contribution to the committee's funding after DeMint aides criticized his efforts to push through the failed immigration reform bill. Lott's move to pull the funds was first reported in Congressional Quarterly.

"At some point [DeMint is] going to have to learn he can't always throw missiles," said one senior Republican aide. "He's going to have to work on diplomacy. But so far he's been rewarded for his behavior and has yet to pay a price for it."

With that in mind, Republican sources said GOP leaders are keeping a close eye on the South Carolinian as he continues his crusades. Those GOP sources said conversations between the leadership and DeMint have taken place, and the message has been made clear that McConnell's patience isn't limitless when it comes to DeMint's efforts to block legislation or shut down the chamber to push his priorities.

So far, however, most of DeMint's colleagues - especially those in conservative corners - seem to be accepting of his procedural maneuvers.

"My own view is it's every Senator's right to protect their interests," said Sen. Judd Gregg (R-N.H.). "He was very effective on the immigration bill, and a lot of his colleagues were with him."

And while Gregg acknowledged DeMint carries less favor with Senators over his current cause to use the ethics package as the vehicle for his opposition to earmark spending, he believes DeMint's standing in the Conference remains intact.

"Everyone is very individualistic around here," Gregg said. "You don't run the risk of losing the respect of your colleagues just for being individualistic. It's just the opposite."

But not all Senators view it that way, especially among veteran Republicans who cherish a chamber that's known for putting a premium on decorum, deliberation and seniority. DeMint, in contrast, was part of the more aggressive band of Republicans elected in 1994, some of whom have since moved from the more partisan House to the Senate.

Sen. John Ensign (Nev.), who as chairman of the National Republican Senatorial Committee is in the leadership circle, said the reviews of DeMint's tactics "depends on what side you are on."

For Ensign, that's on the side of DeMint and others who he called "a breath of fresh air in the U.S. Senate." Still, Ensign conceded that the approach isn't without flaw, saying: "There's always a risk, there's always a balance. But when you are in the minority, you need to exercise your rights."

Indeed, DeMint has a loyal following among more junior Republicans, particularly his fellow House alumni, and those Senators who believe it behooves the party to fight rather than negotiate with the now-majority Democrats.

"It's a thankless task," said Sen. Jeff Sessions (R-Ala.), who joined DeMint in his efforts to defeat the immigration reform measure.

"Some people get mad at him, they want him slowed down," Sessions said. "But right now, most Republicans respect what he's doing. Really, my impression is that even those who are dubious of DeMint's leadership are beginning to feel like this is healthy and that maybe we do need a more vigorous debate."

DeMint said while some senior Republicans such as Sen. Kit Bond (Mo.) have supported him, he acknowledged that much of his backing has come from the GOP's increasing ranks of junior lawmakers.

"It's not universally true, but to a point it's true. It's one of the unfortunate things that has happened to Congress over the years," DeMint said, adding that many lawmakers are afraid to speak out because they are afraid of reprisals.

"A lot of people are afraid if they come out strong against earmarks they're not going to get any," DeMint noted.

As for the chamber's more entrenched Members, DeMint argues that their opposition - both public and private - is motivated by their desire to keep cash flowing to their states. "A lot of their power and clout back home is based on how much money they can bring home," he argued.

DeMint said his party would be wise to take up the issue of ethics as a central fight, arguing that in recent weeks he has seen increasing interest across the country in his battle with Reid. "In some ways this is immigration all over again in that out in the public there's a feeling that this is wasteful spending" and that Congress is failing to seriously address the issue, he said.

DeMint also has begun to reach out to the vast network of editorialists and talk radio hosts that backed his successful rebellion against the immigration debate and has been credited with giving DeMint and his supporters enough public support to defeat the bill.

Significantly, he also has begun to see support from other media outlets, which are not normally connected to the conservative world. For instance, the Los Angeles Times editorial board has come out in support of his work, DeMint noted, and he believes that people across the country are becoming increasingly upset with Congress' handling of earmark reform.

DeMint - who calls the earmark process "one of the corrupting [forces] of Washington" - said McConnell has so far backed his efforts to force Reid to accept the Senate rule changes before conference to ensure no changes to the earmark reforms are made. "Mitch McConnell is very supportive of what I've been doing," DeMint said, adding that "he's asked me to work with Sen. Reid" to find a solution.

But Reid "has been stonewalling me," DeMint said, and seemed skeptical that any solution appears imminent.

DeMint also said that regardless of his leadership's complaints or demands - or those of the Senate's old guard - he will not back down. "This isn't a job I wanted, but I'm good at it," he said, adding, "I'm going to continue doing what I'm doing."

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05-19 07:04 AM

House GOP Uses Procedural Tactic To Frustrate Democratic Majority Motion to Recommit Employed to Delay or Alter Legislation (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/18/AR2007051801697.html?hpid=topnews) By Lyndsey Layton (http://projects.washingtonpost.com/staff/email/lyndsey+layton/) Washington Post Staff Writer, Saturday, May 19, 2007

House Republicans, fighting to remain relevant in a chamber ruled by Democrats, have increasingly seized on a parliamentary technique to alter or delay nearly a dozen pieces of legislation pushed by the majority this year.

And an election-year promise by Democrats to pay for any new programs they created has made it easier for Republicans to trip them up.

Tensions over the maneuvers reached a boil this week. Republicans used procedural tactics to stall floor debate for four hours Wednesday, and they are threatening to tie up future legislative action.

The stalling tactics prompted Majority Leader Steny H. Hoyer (D-Md.) to leave the floor and meet privately in his office with Republican Leader John A. Boehner (R-Ohio) and his whip, Rep. Roy Blunt (R-Mo.). The men emerged with an uneasy detente that they said would last at least until Congress breaks for the Memorial Day recess, but the matter is far from settled.

Since January, GOP leaders have relied on a maneuver known as the "motion to recommit" to stymie Democrats and score political points for Republicans still adjusting to life in the minority.

The motion to recommit allows the minority a chance to amend a bill on the floor or send it back to committee, effectively killing it. In a legislative body in which the party in power controls nearly everything, it is one of the few tools the minority has to effect change.

In the 12 years of Republican control that ended in January, Democrats passed 11 motions to recommit. Republicans have racked up the same number in just five months of this Congress.

Democrats say any comparison is unfair because when Republicans controlled Congress, they directed their members to vote against all Democratic motions to recommit.

Now in the majority and mindful of staying there, Democrats have given no such instruction to their members, allowing them to break with the party if they choose. Many freshmen Democrats from GOP-leaning districts find themselves voting with Republicans as a matter of survival -- a reality Republicans have seized upon.

"Sometimes we offer motions to recommit to improve legislation -- sometimes it's to force Democrats in marginal districts to make tough choices," Boehner said. "Every time the Republicans win, it boosts morale. We're able to show unity, which is good for the overall team. Members feel good about winning on the House floor. And when you're in the minority, it doesn't happen that often."

Democrats dismiss the Republican maneuvers as largely symbolic and so arcane as to be irrelevant to the public.

"From a public policy standpoint, it's not very significant," said Rep. Barney Frank (D-Mass.), regarded as an expert in parliamentary combat. "It's almost a Capture the Flag game. The number of people in America who say, 'Oh my gosh, the Republicans won another motion to recommit' is very small."

But Republicans argue they have been able to make significant changes. They point to Thursday, when they successfully used a motion to recommit to restore millions of dollars for missile defense to a defense bill. It remains to be seen if that money will survive a conference committee.

"It's kind of a 'Rashomon' world," said Thomas Mann, a congressional scholar at the Brookings Institution, referring to the movie in which participants in an event all recount it differently. "The two parties see it in very different terms."

The Democrats' own rules have made it easier for Republicans to offer motions to recommit. In January, the party promised to observe "pay-go" -- finding a way to pay for any new spending rather than adding to the federal deficit. The unintended consequence is that tax proposals open legislation to modifications by the minority that would not otherwise be allowed.

Such was the case in March, when Democrats tried to pass a bill to give the District of Columbia a vote in the House. The bill included an additional seat for Utah and a minuscule tax increase to pay for two more House seats -- it called for expanding a provision of federal tax withholding law by .003 percent.

Republicans seized on the opening and moved to recommit the bill to committee, attaching new language that would have thrown out the District's strict anti-gun laws.

Worried that conservative, pro-gun Democrats would feel compelled to vote with GOP and kill the bill, Democratic leaders yanked it from the floor. They regrouped and split the bill into two tightly written measures, both of which passed and are pending in the Senate.

But the problem for Democrats was apparent. "We need to address that, or we're going to be, on every bill . . . [facing] an amendment totally unrelated to the substance of the bill," Hoyer said at the time.

This week, Democratic staffers privately discussed a rule change to limit the Republicans' ability to make motions to recommit. GOP leaders were incensed and threatened to use all available procedural techniques to block every bill except war spending legislation. But Democrats are hampered by their promise to run the chamber in a more open fashion than Republicans did when in the majority.

Hoyer agreed to hold off on further rule changes until Memorial Day and consult Boehner and Blunt on possible changes.

"The bottom line is, the war goes on," Mann said. "The majority uses the rules to structure debates and limit amendments on matters where Republicans have a chance to either break up the Democrats' winning coalition or embarrass them."

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mia

08-23 04:59 PM

IV Core - any thoughts on if we should bring this up in DC rally?

Diversity Lottery ends in FY08. As a baby step, to offset this why dont we ask these numbers - 50,000 to be added to EB visa quota?
I'm sure most senators will be agreeable to this - getting 50K immigrants with skills(in the future) vs 50K immigrants only

Where did you hear that DV is ending in 2008? See the newest travel.state.gov. They say DV 2009 starts in October.

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seekerofpeace

04-14 10:36 PM

check this out:

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SoP

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