http://www.uscis.gov/sites/default/f...ean_071415.pdf
Did I read it correct? They seem to have included Employment based I140 for eligibility into DACA.
http://www.uscis.gov/sites/default/f...ean_071415.pdf
Did I read it correct? They seem to have included Employment based I140 for eligibility into DACA.
Looks like it but let's see if someone confirms.Originally Posted by idiotic
This is the only use case I see with this rule: For EB folks, if you lose your job, you can stay in this country forever (unlawfully) till your date becomes current (and hopefully you have not been deported and not voluntarily left the country and your previous employer has not withdrawn your I-140) and then apply for unlawful presence waiver and go through consular processing to get your GC (assuming your waiver has been approved)? Also this rule does not seem to give any benefit for applying for new H1/H4 or F1 or B1/B2 or L1/L2 visas.
This is like Amazon Prime Day: Lot of new rules but nothing that you want.
Dear Members,
Sorry to write this in I-485 forum. I am urgently travelling to India and currently on I-485 pending+EAD+ travel parole status. While coming back to US, my passport will be valid for 5 months only. Unfortunately I didn't have time to renew it now. So plan to renew it once I come back.
Will it be a problem to enter with 5 months validity left passport + travel parole status.
Please share any info or experience.
Thanks.
-RGV1
I am told that Indian passport process has been modernized and made more efficient--at least in the cities. In fact under the "Tatkaal" scheme, you could get your passport in about 3-5 days. I am told there is no need to submit any proof of urgency---just pay the higher processing fee.
Here is some more info: http://passportindia.gov.in/AppOnlin...tkaalPassports
I agree with nbk1976. I have also heard that passport process is much smoother in India now and Tatkaal passports can be obtained within minimum 3 business days. I was in a similar situation like you in December, 2013 except that I had not filed I-485 and didn't have EAD. I was (and still is) on H1B and and I had to have stamping done in India. I had a family emergency so we had to go. I inquired in India about getting a passport under Tatkaal scheme. I was told that it would take anywhere from 3-7 days for the passport. However, I decided against it because I had to get a date for stamping at US Consulate also after getting a new passport and my stay in India was short so I finally decided to apply for passport at Chicago Consulate. And trust me, it was a nightmare to deal with those people at Indian Consulate in Chicago. I had to literally fight with them for 3 consecutive days and spend so many hours at consulate just to get one signature. Also, in my case, my source told me that passport office in Ahmedabad was short of passport books at that time and they were waiting for the new shipment of passport books to arrive which would have taken 21 days. That was another reason I had to opt to get my passport renewed under Tatkaal scheme from Indian Consulate in Chicago.
I would suggest that you ask a friend or family member in India to find out and inquire about the current status of how fast you can get passport under Tatkaal scheme in India. If you are going for a month, I believe you should be able to obtain your new passport in India without any difficulty. You also don't have to worry about stamping unlike my case so you should be fine and that's one factor in your favor also. But be sure, before you go there. Technically, you should be able to travel on an Indian passport with less than 6 months validity also according to articles on Internet but I feel that it is better not to take that risk.
Hopefully, this was helpful. Good luck.
I had my passport renewed in the SFO embassy 5 years back and it took 3 hours (yes .. HOURS) under Tatkaal without any emergency.. I know this sounds unbelievable to many folks and I was worried/skeptical about the process when I went in to the office too. I had spent many hours on the consulate website and forums and had every kind of paperwork fully ready. The officer was courteous and took a look at all the paperwork, asked a few questions and sighed "I wish everyone would just be prepared as you are.. it would make our life pleasant". So .. yeah, it is possible to get your passport renewed quickly under Tatkaal in the US.
Caveat: Clearly, not all embassies and officers are equal.. YMMV. As Jonty mentioned, the officer's attitude makes a huge difference.
Man, you were lucky. I had all the required documents with me when I went to Consulate for Urgent Passport but the officer refused to listen to me for 3 consecutive days and even refused to take a look at the application. I asked him to at least look at the application but he was very rude and just kept telling me that we don't issue urgent passport which I knew was a blatant lie. Finally, after 3 consecutive days of going to Consulate, I had enough and I had to raise my voice. I had to shout and yell in the Consulate just to tell him that he was very rude for no good reason and unless he provides me a truthful good reason why he is not even looking at my application and why Consulate is not issuing urgent passport, I would not leave the Consulate. In fact, I went to the extent of threatening to contact MEA and PMO (It was UPA ruling at that time) and the then Indian Ambassador to US S. Jaishankar. Finally, after my shouting episode ended, he called me back to window and took my application. Without checking the documents, he forwarded the documents to Consulate Officer. Within 5 minutes, I was called to the window. Consulate Officer signed the application without asking me any question and I took it back to BLS office. My passport was printed the same evening within 6 hours and I received it next day. I later on felt embarrassed by my own shouting episode but I had no choice as I had a family emergency and I had to leave and these people were completely unresponsive.
Guys!
Apologies for posting this question on a wrong forum, but doing it for the sake of maximum visibility.
I am in a catch 22 situation here. I recently purchased a new house and before I could enjoy the change in my personal situation, my status reality struck me. My H1-B was recently got extended up until 2018 on my approved I-140 and am hoping to get an EAD within this time frame. But, the mandatory amendment has become a pain in the neck. In the mist of my house closing and moving projects which occurred at the same time, I am now delayed by 15 days in applying for new LCA and then the amendment. I already started this new project. The new rule says that I should apply for LCA even before joining this new project ( this has been a rule since day one and my employer was punctual ) except this one time.
Can you guys advice me with any options. Will it be a bludgeon to apply for a LCA now and an ammendment, with the PO/SOW that has a start date in the past?
Regards,
V
Just wanted to share with everyone on the forum that my spouse and I received RFE notifications today.
We are on EB2-I with a PD of 12/2009. I expect this to be for EVL and medical. I will update with others when I receive the notice.
Hope that this is a sign of forward movement. However unlikely it seems.
TSC | PD: 12-17-2009 | RD: 2-1-2012 | ND: 3-2-2012 | FP Notice: 2-14-2012| FP Done: 3-12-2012 EAD/AP(Online): 3-3-2012 | EAD/AP(Physical Card): 3-21-2012 | RFE: Aug 2015, Apr 2021 |
GC(Approval Email): - 05/28/2021 | GC(Physical Card): -
Neel, Thanks for sharing this information. Just curious whether we will see more of these kinds of RFEs(which will surely be a good sign) or its just that you changed jobs, filed AC21 or your company changed hands that triggered this RFE.
Neel, Thanks for sharing this information. Just curious whether we will see more of these kinds of RFEs and there was no other factor that contributed to this RFE(which will surely be a good sign as you stated) or is it that you changed employers/filed AC21/or your company changed hands that might have triggered this RFE(based on my little knowledge on this).
Im not sure if it will bludgeon it but it will need quite a bit of explanation.
vizcard,
That's for sure, but there isn't really an alternative.
Prabhas,
Without the LCA and pending amendment, you are not adhering to the terms of your H1B at the moment. You are therefore out of status, unless you return to the job for which you do have an LCA and H1B petition approval for.
That's the bottom line.
Without an irritant, there can be no pearl.
As the year comes to a close and the final VB comes out in a few days, are there any final predictions anyone wants to make this for this year? What about the next year?
Spec/ Viz,
Thank you very much for the valuable suggestions. I have applied for the amendment with the first fifteen days as vacation. Good that I was not onsite due the long weekend and house closing activities. Will keep you posted on the outcome.
Also in the interim I got another role at a new client which we are looking at and this time we had these pre-requisites ( Client and Vendor Letter) already addressed with them. If this works out I may just swap my amendment to this new role. Let me know if there is anything I have to be cautious about.
V
Long time follower. Very thankful to stalwarts/experts like Spec, Teddy, Q, Kanmani, YT and many more. Based on reading everyone's comments, my little knowledge/observation, here are my two cents:
For EB2I -
Sep Bulletin - Feb to Apr 2009
FY 16 - Feb to Apr 2010
FY 17 (First Quarter) - Inventory Build Up
Just an update. Received the RFE notices today.
They have asked for an updated I-693, G-325A, EVL and Proof of Legal Status. For my wife, all these except for the EVL.
I did submit an AC-21 in March-2013 ( 12 months after filing I-485 ). I got a set of address change status updates at that time. Cant say whether the RFE is related to that.
TSC | PD: 12-17-2009 | RD: 2-1-2012 | ND: 3-2-2012 | FP Notice: 2-14-2012| FP Done: 3-12-2012 EAD/AP(Online): 3-3-2012 | EAD/AP(Physical Card): 3-21-2012 | RFE: Aug 2015, Apr 2021 |
GC(Approval Email): - 05/28/2021 | GC(Physical Card): -
Neel- can you please let me know when you need to submit the requirement documents by? Have they said you need to return the documents in 30 or 60 days or so?
thanks,
They did not specify a deadline. I thot that was weird and had posted on trackitt whether anyone has seen something similar. Especially as the notice also asked me to respond by the deadline which is not mentioned anywhere on either of the notices or gold sheets.
TSC | PD: 12-17-2009 | RD: 2-1-2012 | ND: 3-2-2012 | FP Notice: 2-14-2012| FP Done: 3-12-2012 EAD/AP(Online): 3-3-2012 | EAD/AP(Physical Card): 3-21-2012 | RFE: Aug 2015, Apr 2021 |
GC(Approval Email): - 05/28/2021 | GC(Physical Card): -
September VB out
http://travel.state.gov/content/visa...mber-2015.html
So EB2-India and EB2-China have retrogressed to 01JAN06.
I think that answers the question about remaining visa numbers. I wonder whether there will be internal retrogression in August?
Good news for EB3-I. The COD moves to 22DEC04.
The VB also includes the official number of EB visas for the year.
D. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 28th, USCIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2015 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2015 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 144,796
Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2015 the per-country limit is 25,956. The dependent area annual limit is 2%, or 7,416.
Without an irritant, there can be no pearl.
As opposed to Jan-Mar2009 for EB2-I, as some had speculated. How much do you think EB2-I might have gotten in total? And, what does this mean for the next year?
The USCIS Inventory as at July 20, 2015 has been released http://www.uscis.gov/sites/default/f...y_07202015.pdf
EB1 inventory remains almost unchanged.
EB2-ROW inventory has dropped about 2.1k, which isn't much considering the number of approvals seen in May and June.
EB3-ROW inventory remains virtually unchanged.
EB2-I inventory has dropped around 2.5k.
EB3-I inventory has dropped around 1.5k.
Without an irritant, there can be no pearl.
Hi Spec,
I don't see this as a positive sign for next FY for EB2-I. Do you feel so too?
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