JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
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chanduv23
05-18 03:59 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
desibechara
12-29 04:08 PM
I was wondering about DOL letter which my employer received yesterday..for Recruitment process for 30 days..I wanted to know is it because of the conversion we did to RIR process some days back or is it just that they caught up with my TR application after 5 years..TR-Oct 2001
Please let me know
Desibechara
Please let me know
Desibechara
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needhelp!
03-12 03:37 PM
No. Core member details are on IV About Us.
Agenda of lobbying remains same. It doesn't change weeky/monthly or even annually. Country quotas, increase in EB gc numbers, portability issues. It is also on IV website. Please look. No more details other than that will be made available, unless a bill is on the floor, thats when you see the results. Results are hard to come by. Core cannot reveal roadblocks or mini successes as these are all detrimental to the effort.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Agenda of lobbying remains same. It doesn't change weeky/monthly or even annually. Country quotas, increase in EB gc numbers, portability issues. It is also on IV website. Please look. No more details other than that will be made available, unless a bill is on the floor, thats when you see the results. Results are hard to come by. Core cannot reveal roadblocks or mini successes as these are all detrimental to the effort.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
more...
jonty_11
07-06 05:37 PM
look closely..I think this fiasco is affecting the basic senses also.
dhirajs98
07-14 08:32 PM
My contribution: $20.00
It was easy ... not a big deal guys ... go ahead .. contribute :)
It was easy ... not a big deal guys ... go ahead .. contribute :)
more...
swede
04-07 09:30 AM
Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
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vkannan
03-07 01:23 AM
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
more...
TomTancredo
03-04 02:38 PM
Did you get to know what the RFE is about?
Its about late registered birth certificate... They want some secondary evidence...
Its about late registered birth certificate... They want some secondary evidence...
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nixstor
06-10 12:24 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
more...
ragz4u
03-08 10:33 AM
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated
Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year
Will keep on updating as and when I hear things
Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated
Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year
Will keep on updating as and when I hear things
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andy garcia
10-01 03:10 PM
What is the relationship of 480K to 366K = 140K (EB) + 226 (FS)?
Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
more...
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truthinspector
01-03 05:01 PM
I think this is a really complex issue. We go thru a lot of thoughts now and then.
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.... *sigh*
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.... *sigh*
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
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vadicherla
05-28 02:27 PM
i will contribute 50$ now
more...
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chanduv23
12-01 11:49 AM
Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
you may likely be getting an RFE or probably close to ur approval :)
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
you may likely be getting an RFE or probably close to ur approval :)
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pappu
07-25 05:55 PM
Contributed $100 thru PayPal(Transaction ID: 3X3138428V341142D)
Thank you
Thank you
more...
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vasa
07-07 11:46 PM
The NYT Editorial is on reddit. Please go vote on it...
Search for immigration malpractice.
dugged/reddit...
this was a good article
Search for immigration malpractice.
dugged/reddit...
this was a good article
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AllVNeedGcPc
03-22 10:05 PM
... thanks for sharing.
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
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hpandey
07-11 11:15 AM
CIR is the Worst thing on the planet for the legals.
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
asharda
08-10 01:41 PM
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
Ram_C
10-01 05:09 PM
Let us wait for the statement from USCIS
are they going to release one at all?
are they going to release one at all?
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