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my knowledge is also limited...
but from my J1 days this is what i understood:

J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

hope that's helpful.

The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!

If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.

prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f

Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).

On Oct 26th, Rep. Tom Davis is going to answer questions.

I have comment around #169 (look for a comment by janilsal) at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments

In the future, there will be more law makers.

What would we do without you...
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


thanks
ram

Thanks for the info raysaikat.

bump

It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.

My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?


From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.

This is MY understanding. Not sure if it is totally accurate.

My new empolyer has filed h1b transfer for me using premium processing. The package was delivered to USCIS last Monday. Because my employer's email address is too long, the last 2 letters of the email address "om" (should be ".com") are missing in the printout. I found this after the package was sent out. We have not heard anything till today (7 calender days after the last Monday). Is this normal?

The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.

So i guess there are about 100K duplicate and invalid applications.

In a way our community contributes to our own downfall...

Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.

I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.

In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.

If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.

IV member Venkat80 posted this mail but has removed it for some reason.

I read about new guidelines about not leaving USA before applying for reentry permit and biometrics are taken. Please see the note below:

http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument

If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:

USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.

I am sure other immigration firms have similar info.

What are the chances of piecemeal bill in this congress ( next two week)?

Yes but it is given at the service center where the case is pending. This was a change instituted last year Sept. or thereabouts.

Call USCIS and tell them you have not received your green cards yet..

Do not give any incorrect directions.

TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.

... one on the cover letter of LC approval on top left, with job code and other details

and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code

Try changing thread topic. That would attract people to read your posting.

Roseball and sumkum,

Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.

My new AP starts from the date my current AP expires.

Nik,

I had to live with a 70-300 Sigma that was f/3.5-5.6 for a long time. While I made do for sports and motorsports type stuff, my world opened up when I upgraded to a fixed f/2.8 zoom. Hold off a bit, if needed, and get a faster lens. You'll be much happier.

If you're mostly going to be doing landscapes and whatnot, the slower lens will work just fine.