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I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.

In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.

:confused:

Dear gurus,

I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????

Sincerely...

Almost everyone knows USCIS rule that EAD can be applied 120 days in advance before previous EAD expires and normal processing time for EAD is 90 days.

With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.

You are one of the few people who did not apply EAD in time and trying to draw attention.

GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
Mind you, I-140 is not your application, it is employers!

See my previous statement. There is nothing in the law that states one needs to 'work' for a company when I140 is being processed. Period.

All i am asking is the media they know and number of users. I dont know what you talking about.

Ok, how do we contact the state representative. Through the county representative, then the city, then street?

There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.

Also, did you know we have some action items? and did you notice some people donate time and money?

I changed my adress after filing I-485 and I-765, thru online using AR11 form
Its prety easy and we got our new EAD cards to new adress.

I-485 - July 2nd
I-765 - July 2nd

Receipt notice Aug 29

Change the adress online on Aug 30.

Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.

Recvd EAD cards to new adress on SEP 10th.

so its very easy. nothing to worry .

The Other Immigration

More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words

If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...


==

This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.

So applications from India are in first place with over 300% more applications than the second place? Wow

For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.

I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.

Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

My case is also similar and I decided to go with EB2

My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.

Is the PD for AOS same than Consular Processing??

I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.

So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?

The PD is not current for EB3 ROW so, why the approved?

Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?

I don't understand why applications that are not current are getting GC approvals?

Thanks.

This is how PD and RD work.
ASSUME ALL ARE EB3

Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)

USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"

In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.

How many more before Congress acts?

COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!

you have a expired I-94 and a h1B which is valid

How can you have an expired I94 and valid H1B? It is technically not possible.

When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory

That is how you were able to travel!!!!!!!

As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.

Guys,

I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

http://capwiz.com/aila2/issues/alert/?alertid=9589591

Letter content pre-exists if needed you can change.

Let's inundate senate & other members with what we are facing..

-IV2007
EB2 Labor Pending

But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?

:rolleyes: Bump

Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.

Please confirm.
Thanks for the earlier reply.

Priority date needs to be current both at the time of filing 485, as well as at the time of approval. Hence, PD is very important even after filing. The issue I do not understand is how the applications are processed. Are they processed in the times only when PD is current, or are they processed regardless of PD but lie in pre-adjudicated status until the particular applications PD becomes current again (if retrogressed)?

Why he sent before date?

Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.

Thanks

They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.


This is just example to explain how it works.

Is there reason you say that I cannot port the PD ...? Please explain.

Arun


You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

This is just my view. There might be better ways but, that is the only one I can think right now.

Priority date needs to be current both at the time of filing 485, as well as at the time of approval. Hence, PD is very important even after filing. The issue I do not understand is how the applications are processed. Are they processed in the times only when PD is current, or are they processed regardless of PD but lie in pre-adjudicated status until the particular applications PD becomes current again (if retrogressed)?