grupak
06-10 05:46 PM
I am confused whether I should petition under NIW EB2? Anyone around here who did NIW? How much time and cost does it take?
Thanks
Both EB2 NIW and EB1-EA are difficult, EB1-EA harder. A lot depend on the adjudicator reviewing your file. EB2 is stuck, EB1 is current.
Cost: usual fees + lawyer fees which vary a lot. To cut cost, you can prepare it yourself, and then consult a good lawyer for a few hours worth of time, before filing. Depending on your field, you will end up writing a lot of the technical stuff anyways.
Time: Right now its taking around a year for I-140 approval. In EB1, you can concurrently file I-140 and I-485 for now... for EB2, you will have to wait till PD becomes current to file I-485.
The time consuming part could be getting all the reference letters for EB2-NIW or EB1-EA, and other documentation. Its a lot of documentation.
Thanks
Both EB2 NIW and EB1-EA are difficult, EB1-EA harder. A lot depend on the adjudicator reviewing your file. EB2 is stuck, EB1 is current.
Cost: usual fees + lawyer fees which vary a lot. To cut cost, you can prepare it yourself, and then consult a good lawyer for a few hours worth of time, before filing. Depending on your field, you will end up writing a lot of the technical stuff anyways.
Time: Right now its taking around a year for I-140 approval. In EB1, you can concurrently file I-140 and I-485 for now... for EB2, you will have to wait till PD becomes current to file I-485.
The time consuming part could be getting all the reference letters for EB2-NIW or EB1-EA, and other documentation. Its a lot of documentation.
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WaitingYaar
08-06 11:12 AM
Visitor visa is issued on the presumption that you do not have intent to immigrate. In fact when you fill out DS-156 you declare that you do not want to immigrate and you have to prove ties to your homeland during the visa interview. If you apply for green card the next day your parents arrive on visitor visa, the USCIS will not take it kindly.
Do you intend to say that this is not advisable? Or there is a law that if the person is on visitor visa has to wait for 90 days before filing the application for I-485. Input is greatly appreciated
Do you intend to say that this is not advisable? Or there is a law that if the person is on visitor visa has to wait for 90 days before filing the application for I-485. Input is greatly appreciated
casinoroyale
08-22 09:45 AM
Any more AP approvals from NSC? It looks like USCIS is thinking why approve the cases when most of the APs start expiring from October, may be they will flood :D with approvals in September and October.
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restartinggc
08-29 09:52 PM
Hi,
I am in a messy situation and need advices. My h1 extension was denied on Aug 27 , 2009 and my I94 expired on Aug 16, 2009. I would appreciate if someone can tell me the options that I have right now. Am I in out of status and should I stop working immediately. It will be a week before I get the letter from USCIS. I just got it in the email as I had registered at their site.
I also wanted to know if I can transfer my H1 now even though the I94 is expired.
any help would be appreciated.
Thanks
I am in a messy situation and need advices. My h1 extension was denied on Aug 27 , 2009 and my I94 expired on Aug 16, 2009. I would appreciate if someone can tell me the options that I have right now. Am I in out of status and should I stop working immediately. It will be a week before I get the letter from USCIS. I just got it in the email as I had registered at their site.
I also wanted to know if I can transfer my H1 now even though the I94 is expired.
any help would be appreciated.
Thanks
more...
hate_me
04-03 10:00 AM
Congrats dude, you had blues for 7 years but now enjoy your green :D
Hello,
Six years after initiating our green card process, I am happy to say that my wife and I have just received our green cards in hand. I have relied on ImmigrationVoice forums to get valuable information about policy changes, ask questions and I have also contributed several times (albeit modestly) to ImmigrationVoice. I remember the days when there used to be appeals made by the Core team asking members to contribute and I used to feel frustrated that I could do no more (at least financially). Granted I should have done more, but I have always felt as a community we all could have and should have contributed more to this grassroot effort. I hope to start/trigger a new fund raising event today by contributing again. Folks I have no reason to do contribute, but I feel I am reaping the rewards of some of the work done by IV. I hope to nudge some of you to re-evaluate your stance on contributing. Think about it, is it that hard to part with $50 or $100?
For everybody who has contribute time, money and effort to ImmigrationVoice; Kudo�s and Thankyou. I have listed my previous payments to ImmigrationVoice (including today�s payment) to convince the nay sayers :). I can give you exact Paypal transaction id�s also (PM me if you need more evidence :))
Mar. 31, 2008 Payment To Immigration Voice Completed Details -$100.00 USD
Apr. 7, 2006 Payment To Immigration Voice Completed Details -$200.00 USD
Mar. 17, 2006 Payment To Immigration Voice Completed Details -$100.00 USD
Mar. 8, 2006 Payment To Immigration Voice Completed Details -$100.00 USD
PS- Its not my intent to be condescending or to offend anybody by this post. So if you feel so, then I can�t help it.. Sorry.
Thank you IV team and Good Luck to ya all..
Hello,
Six years after initiating our green card process, I am happy to say that my wife and I have just received our green cards in hand. I have relied on ImmigrationVoice forums to get valuable information about policy changes, ask questions and I have also contributed several times (albeit modestly) to ImmigrationVoice. I remember the days when there used to be appeals made by the Core team asking members to contribute and I used to feel frustrated that I could do no more (at least financially). Granted I should have done more, but I have always felt as a community we all could have and should have contributed more to this grassroot effort. I hope to start/trigger a new fund raising event today by contributing again. Folks I have no reason to do contribute, but I feel I am reaping the rewards of some of the work done by IV. I hope to nudge some of you to re-evaluate your stance on contributing. Think about it, is it that hard to part with $50 or $100?
For everybody who has contribute time, money and effort to ImmigrationVoice; Kudo�s and Thankyou. I have listed my previous payments to ImmigrationVoice (including today�s payment) to convince the nay sayers :). I can give you exact Paypal transaction id�s also (PM me if you need more evidence :))
Mar. 31, 2008 Payment To Immigration Voice Completed Details -$100.00 USD
Apr. 7, 2006 Payment To Immigration Voice Completed Details -$200.00 USD
Mar. 17, 2006 Payment To Immigration Voice Completed Details -$100.00 USD
Mar. 8, 2006 Payment To Immigration Voice Completed Details -$100.00 USD
PS- Its not my intent to be condescending or to offend anybody by this post. So if you feel so, then I can�t help it.. Sorry.
Thank you IV team and Good Luck to ya all..
bugsbunny
03-24 02:47 PM
Yes. Lets start counting. I am Indian.
Kill people for "committing" the crime of being Jews - Germans 1, Indians 0. Kill people of being communists - Germans 2, Indians 0. Kill people for being Romas - Germans 3, Indians 0. Kill people for being Slavs - Germans 4, Indians 0... Oooh. Looks like Germans have already won the contest here. I resign.
Do you honestly believe Indians are superior? I am Indian and I love a lot of things about India but there is also a very long list of atrocities committed by Indians...just read the news.
You claim all German fathers rape their daughters...what is this based on...where is your proof...or do you just enjoy thrashing another culture for no reason.
Pick up the indian newspaper....almost every week...there is news of rape ...molestation and murder....do all Indians do that...certainly not!...but crimes are committed by a few retarded people that have no relation to the culture
Kill people for "committing" the crime of being Jews - Germans 1, Indians 0. Kill people of being communists - Germans 2, Indians 0. Kill people for being Romas - Germans 3, Indians 0. Kill people for being Slavs - Germans 4, Indians 0... Oooh. Looks like Germans have already won the contest here. I resign.
Do you honestly believe Indians are superior? I am Indian and I love a lot of things about India but there is also a very long list of atrocities committed by Indians...just read the news.
You claim all German fathers rape their daughters...what is this based on...where is your proof...or do you just enjoy thrashing another culture for no reason.
Pick up the indian newspaper....almost every week...there is news of rape ...molestation and murder....do all Indians do that...certainly not!...but crimes are committed by a few retarded people that have no relation to the culture
more...
walechid
11-11 04:37 PM
We can do it with the help of God. Hopefully, before the year closes solid propositions would be passed. Can I get an Amen?!:)
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bank_king2003
09-16 11:04 AM
no worries mate,
same happened to me and it was just for a biometrics notice, though CPO e-mail has the same messages still. I was also freaked out since if it were true I would have been approved when NOT current and believe me, you DONT want that to happen...
anyways, you should get your FP notice in the mail in a week or so..
you made me more worried :) .... My 2nd fp was completed on august 23rd so it cant be for that. I am current too.
I am worried because on phone status and there website shows card production ordered whereas when i checked with level2 IO they told me my 485 is stil pending. I dont know what is truth ? do people get card production emails for fingerprinting notice too ? thats a news to me..
same happened to me and it was just for a biometrics notice, though CPO e-mail has the same messages still. I was also freaked out since if it were true I would have been approved when NOT current and believe me, you DONT want that to happen...
anyways, you should get your FP notice in the mail in a week or so..
you made me more worried :) .... My 2nd fp was completed on august 23rd so it cant be for that. I am current too.
I am worried because on phone status and there website shows card production ordered whereas when i checked with level2 IO they told me my 485 is stil pending. I dont know what is truth ? do people get card production emails for fingerprinting notice too ? thats a news to me..
more...
chapper
07-26 08:25 PM
Hi there,
I am sorry to hear about your situation - there is no easy solution for your case. Please hence forth follow every minute detail of your life yourself. Don't let others decide for you. Confirm before you ask them to do something Always ask questions
That having said: I can still think of a couple of otherways for you.
1. You may continue with the application process as it is now - and hope it is not denied
2.
a. File your I-485 now with the I-140 application - if you do go with this - then my suggestion is to file a new labor now (convince your employer and explain it to them - take an appointment and explain what is the normal procedure) If employers still don't agree for another lawyer - I think one can file a labor if employer is willing without an attorney
(all this may take another 2-3 months from now - provided your labor is approved within 30 days)
b. Once your new labor is approved - file Premium I-140 with the new approved labor - a total of 30 days
c. Once your I-140 is approved - Use "Interfiling" and replace your old I-140 [hoping at this stage (nearly after 90-120 days) your I-140 is still pending] and that way you can still keep your priority date and also keep I-485 receipt date
3. If during this process your original I-140 gets denied - you will have to wait for PD to be current to file a new I-485 but atleast you can get H1B extensions
To read more about interfiling go to this link "http://www.murthy.com/news/n_staiss.html" and scroll down
Below is the text from murthy.com about "Inter filing"
"Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval."
4. File another I-140 in EB3 using the present approved labor (request for a certified labor approval copy from DOL - not sure whether this can be done)
if you have any questions - I'll be around..........there are a lot of if and buts in my suggestions. Please consult an attorney whether you can use this option
Important disclosure: I am not an attorney - please consult with an attorney whether you can do this and whether this can be an option for you
I am sorry to hear about your situation - there is no easy solution for your case. Please hence forth follow every minute detail of your life yourself. Don't let others decide for you. Confirm before you ask them to do something Always ask questions
That having said: I can still think of a couple of otherways for you.
1. You may continue with the application process as it is now - and hope it is not denied
2.
a. File your I-485 now with the I-140 application - if you do go with this - then my suggestion is to file a new labor now (convince your employer and explain it to them - take an appointment and explain what is the normal procedure) If employers still don't agree for another lawyer - I think one can file a labor if employer is willing without an attorney
(all this may take another 2-3 months from now - provided your labor is approved within 30 days)
b. Once your new labor is approved - file Premium I-140 with the new approved labor - a total of 30 days
c. Once your I-140 is approved - Use "Interfiling" and replace your old I-140 [hoping at this stage (nearly after 90-120 days) your I-140 is still pending] and that way you can still keep your priority date and also keep I-485 receipt date
3. If during this process your original I-140 gets denied - you will have to wait for PD to be current to file a new I-485 but atleast you can get H1B extensions
To read more about interfiling go to this link "http://www.murthy.com/news/n_staiss.html" and scroll down
Below is the text from murthy.com about "Inter filing"
"Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval."
4. File another I-140 in EB3 using the present approved labor (request for a certified labor approval copy from DOL - not sure whether this can be done)
if you have any questions - I'll be around..........there are a lot of if and buts in my suggestions. Please consult an attorney whether you can use this option
Important disclosure: I am not an attorney - please consult with an attorney whether you can do this and whether this can be an option for you
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amitjoey
06-15 11:35 AM
I am working with one of the best company in USA with a very good salary. before joining this company I was working with a company who filed for my LC and 140. It is approved.
Now my new company has yet to file my labour.
My old employer is not willing to port the old dates as well not ready to file my 485 even if I gave him money.
Now with the new bill I am afraid that I no longer can apply for extension as I have yet to file for my labour. I have 2 years left.
the old employer is asking me to join him. It will be a big risk considering the fact that if the bill doesn't pass I might loose my existing super nice job.
What would you do if you were in my situation?:(
thanks for listening my rant.
The old employer is asking you to join him, and has he promised to file I-485 if you join him?. Is that employer good enough for his word?. Does he have good projects?. If YES, then it is upto you to decide if you would like to get the ability to file for I-485 and get EAD and AP and join the old employer or would rather get stuck here at the new "best company in the USA".
The new bill is in debate, it is not a law yet. Consult an attorney for the best advice. But you have to make the decision if you are willing to let go of an opportunity to work at this super nice job or you would rather let go of the old PD with the previous employer and not file I-485.
Now my new company has yet to file my labour.
My old employer is not willing to port the old dates as well not ready to file my 485 even if I gave him money.
Now with the new bill I am afraid that I no longer can apply for extension as I have yet to file for my labour. I have 2 years left.
the old employer is asking me to join him. It will be a big risk considering the fact that if the bill doesn't pass I might loose my existing super nice job.
What would you do if you were in my situation?:(
thanks for listening my rant.
The old employer is asking you to join him, and has he promised to file I-485 if you join him?. Is that employer good enough for his word?. Does he have good projects?. If YES, then it is upto you to decide if you would like to get the ability to file for I-485 and get EAD and AP and join the old employer or would rather get stuck here at the new "best company in the USA".
The new bill is in debate, it is not a law yet. Consult an attorney for the best advice. But you have to make the decision if you are willing to let go of an opportunity to work at this super nice job or you would rather let go of the old PD with the previous employer and not file I-485.
more...
optimist578
11-06 05:18 PM
Btw, do you realize that AC21 is only the name of a provision, not a form that you have to necessarily file with USCIS. I have never filed AC21 and my attorney told me that there is absolutely no need. There is no need to nudge USCIS to keep opening your file again and again every time you change your employer. Who knows that could possibly raise an alarm !! Having a job description similar to the one for which your I-140 petition was approved might be essential.
In fact, EAD just gives you the Employment Authorization. It does not make it compulsory. I have been on EAD for the past 1 year and now I am planning to go to study full-time.
In fact, EAD just gives you the Employment Authorization. It does not make it compulsory. I have been on EAD for the past 1 year and now I am planning to go to study full-time.
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raghu112
12-04 11:29 AM
I believe you are stressed because of
1. legal issues like h1b over, gc not really done..
2. financial issues - raising 2 families..
I was wondering if you have an option of going back to ur home country for 1 year? That would reset ur H1B. You will get new 6 years. With the exp. you have coming back to US on H1B will not be v. difficult.. Also instead of living stressed life each day, it might be better to relax for 1 year (away from all this leagl issues) and comming back with fresh 6 years of H1B in hand. Hopefully by that time, GC process will be improved, and you will be fine.
1. legal issues like h1b over, gc not really done..
2. financial issues - raising 2 families..
I was wondering if you have an option of going back to ur home country for 1 year? That would reset ur H1B. You will get new 6 years. With the exp. you have coming back to US on H1B will not be v. difficult.. Also instead of living stressed life each day, it might be better to relax for 1 year (away from all this leagl issues) and comming back with fresh 6 years of H1B in hand. Hopefully by that time, GC process will be improved, and you will be fine.
more...
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sam2006
07-18 06:07 PM
Comon Guys Contribute and help your selves
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frostrated
09-10 02:44 PM
I read that USCIS office in Irving, TX doesn't renew the I-94. An office in seattle airport and one in JFK airport does this as per some of the online sources. Or one can travel outside the country and renew it while entering.
I-94 with parolee stamp is a valid document to renew license for one year in Texas. This is one of the categories mentioned in Texas license guide for temporary visitors.
I have already wasted my $340 in applying for an EAD which i will never use. I hope i get it in time to renew my license.
maybe you can try the DFW airport.
I-94 with parolee stamp is a valid document to renew license for one year in Texas. This is one of the categories mentioned in Texas license guide for temporary visitors.
I have already wasted my $340 in applying for an EAD which i will never use. I hope i get it in time to renew my license.
maybe you can try the DFW airport.
more...
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TheGreatMan
07-05 06:37 PM
I guess they may be asking people whether to file the paper work or not.
It seems like USCIS is holding on to the file untill the matter is resolved.
I am not one of their client,I am just guessing the info
They may be distributing receipt notices and EAD's too :D
It seems like USCIS is holding on to the file untill the matter is resolved.
I am not one of their client,I am just guessing the info
They may be distributing receipt notices and EAD's too :D
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arnet
02-09 01:03 PM
Please read the bulletin below and the conclusion part, as per this newletter we can voice our concern regd the proposed fee increase and USCIS may listen to the comments. This fee increase affects everyone including those who didn't file the I-485 (AOS) yet.
If this fee structure is implemented, a family of 2 who wants to renew EAD/AP in future will have to pay around 645$/person/year and I know people who are renewing it for 4th yr (for 2 people for 4times EAD&AP renewal, it will cost us 2*645*4=5160$ for a family). so Please send your comments/concerns to USCIS as mentioned in this article.
USCIS new fee structure details and how to voice your concern:
Building an Immigration Service for the Twenty-First Century (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=6185bf4c32b50110VgnVCM1000000ecd190aRCR D&vgnextchannel=6185bf4c32b50110VgnVCM1000000ecd190a RCRD)
Reference from Murthys Bulletin enewsletter:
1. USCIS Proposes Significant Increase in Filing Fees
The USCIS is trying to raise fees for immigration filings; a move that as caused controversy within the immigration world. The USCIS published a Notice of Proposed Rule Making in the Federal Register (http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-1631.pdf)on February 1, 2007. This notice sets forth the proposed fee increases, and the logic behind those proposed increases. The 56 page document is the result of the USCIS's "comprehensive review" of the costs involved in providing their services. The increases are intended to address funding gaps, which the USCIS attributes in part to increased security requirements, as well as new complexities in immigration requirements. Using the USCIS's own calculations, they project that the proposed fee adjustments will result in an increase of 66 percent over the current average.
Timing of the Potential Fee Increase
The regulation is in the proposed rule stage, with a sixty-day comment period that ends on April 2, 2007. Fees, therefore, will remain as they are until at least that date. The USCIS then has to review and consider the comments and send the proposed regulation for review by the Office of Management and Budget (OMB). It is difficult to predict when the increase might go into effect, or if fees will remain at their current levels. The initial 60-days is the only period of certainty, at this time.
The existing filing fees, which are always available through the forms page on MurthyDotCom, must be paid until proposed changes become final. Cases filed with incorrect fees are generally rejected. Individuals who are filing cases to reach in early April 2007 may thus wish to consider sending two checks to their attorneys, so that the appropriate fee will be forwarded to the USCIS.
Cases Types Affected by the Increase in Fees
The list of forms or case types affected by the substantial fee increases is fairly comprehensive. The increases would affect H1Bs, L-1s, and most other employment-based, nonimmigrant categories. Family- and employment-based green card cases would increase, as well as U.S. citizenship cases. The full list is available in the Notice. Examples of the commonly-used forms that would see fee increases are:
Form Petition Type Current Fee Proposed Fee
I-129 Petition for Nonimmigrant Worker $ 190 $ 320
I-130 Petition for Alien Relative $ 190 $ 355
I-485 Application to Register Permanent Residence or Adjust Status $ 325 $ 905
I-140 Immigrant Petition for Alien Worker $ 195 $ 475
N-400 Application for Naturalization $ 330 $ 595
Proposed Elimination of "Interim Benefits" Fees
The Proposed Rule advocates an elimination of fees for what are referred to as interim benefits. These are the I-765, Application for Employment Authorization Document (EAD) and I-131 Application for Travel Document (Advance Parole, only), that are issued based upon the foreign national's having a pending I-485, Application for Adjustment of Status. Since the I-485 fee would almost triple, however, there does not seem to be a cost savings for most individuals. Additionally, not every I-485 applicant needs or wants the EAD and AP, although many do renew them annually.
Submit Your Comments to USCIS by April 2, 2007
Anyone may comment on the proposed regulation. Those interested in commenting should take time to review the proposed regulation and formulate logical, potentially persuasive statements. Comments will be made public, as they will be posted as submitted at www.regulations.gov (http://www.regulations.gov). One should NOT include any personal detail unless s/he is willing to share it freely. While no one likes prices to go up, simply complaining about the increase in costs is unlikely to have an impact.
Comments must be received by April 2, 2007 and must reference the agency name (U.S. Citizenship and Immigration Services), as well as the docket number (USCIS-2006-0044). Comments may be submitted through the Federal eRulemaking Portal (http://www.regulations.gov/fdmspublic/component/main) or via mail or hand-deliver / courier, in hardcopy, disk, or CD-ROM form to:
Director, Management Division
U.S. Citizenship and Immigration Services
Department of Homeland Security
111 Massachusetts Avenue, NW, 3rd Floor
Washington D.C. 20529
Conclusion
Voicing your opinion makes you a part of the democratic process, and this is how the U.S. government and legal systems are supposed to work. Although many may hesitate to publicly comment, the government does carefully consider the content of comments, as well as the sheer number of those responding. When the USCIS introduced regulations to reduce the time for B-2 tourist visits from six months to 30 days, for example, there were more than 10,000 comments. That convinced the USCIS to shelve the proposal.
If this fee structure is implemented, a family of 2 who wants to renew EAD/AP in future will have to pay around 645$/person/year and I know people who are renewing it for 4th yr (for 2 people for 4times EAD&AP renewal, it will cost us 2*645*4=5160$ for a family). so Please send your comments/concerns to USCIS as mentioned in this article.
USCIS new fee structure details and how to voice your concern:
Building an Immigration Service for the Twenty-First Century (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=6185bf4c32b50110VgnVCM1000000ecd190aRCR D&vgnextchannel=6185bf4c32b50110VgnVCM1000000ecd190a RCRD)
Reference from Murthys Bulletin enewsletter:
1. USCIS Proposes Significant Increase in Filing Fees
The USCIS is trying to raise fees for immigration filings; a move that as caused controversy within the immigration world. The USCIS published a Notice of Proposed Rule Making in the Federal Register (http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-1631.pdf)on February 1, 2007. This notice sets forth the proposed fee increases, and the logic behind those proposed increases. The 56 page document is the result of the USCIS's "comprehensive review" of the costs involved in providing their services. The increases are intended to address funding gaps, which the USCIS attributes in part to increased security requirements, as well as new complexities in immigration requirements. Using the USCIS's own calculations, they project that the proposed fee adjustments will result in an increase of 66 percent over the current average.
Timing of the Potential Fee Increase
The regulation is in the proposed rule stage, with a sixty-day comment period that ends on April 2, 2007. Fees, therefore, will remain as they are until at least that date. The USCIS then has to review and consider the comments and send the proposed regulation for review by the Office of Management and Budget (OMB). It is difficult to predict when the increase might go into effect, or if fees will remain at their current levels. The initial 60-days is the only period of certainty, at this time.
The existing filing fees, which are always available through the forms page on MurthyDotCom, must be paid until proposed changes become final. Cases filed with incorrect fees are generally rejected. Individuals who are filing cases to reach in early April 2007 may thus wish to consider sending two checks to their attorneys, so that the appropriate fee will be forwarded to the USCIS.
Cases Types Affected by the Increase in Fees
The list of forms or case types affected by the substantial fee increases is fairly comprehensive. The increases would affect H1Bs, L-1s, and most other employment-based, nonimmigrant categories. Family- and employment-based green card cases would increase, as well as U.S. citizenship cases. The full list is available in the Notice. Examples of the commonly-used forms that would see fee increases are:
Form Petition Type Current Fee Proposed Fee
I-129 Petition for Nonimmigrant Worker $ 190 $ 320
I-130 Petition for Alien Relative $ 190 $ 355
I-485 Application to Register Permanent Residence or Adjust Status $ 325 $ 905
I-140 Immigrant Petition for Alien Worker $ 195 $ 475
N-400 Application for Naturalization $ 330 $ 595
Proposed Elimination of "Interim Benefits" Fees
The Proposed Rule advocates an elimination of fees for what are referred to as interim benefits. These are the I-765, Application for Employment Authorization Document (EAD) and I-131 Application for Travel Document (Advance Parole, only), that are issued based upon the foreign national's having a pending I-485, Application for Adjustment of Status. Since the I-485 fee would almost triple, however, there does not seem to be a cost savings for most individuals. Additionally, not every I-485 applicant needs or wants the EAD and AP, although many do renew them annually.
Submit Your Comments to USCIS by April 2, 2007
Anyone may comment on the proposed regulation. Those interested in commenting should take time to review the proposed regulation and formulate logical, potentially persuasive statements. Comments will be made public, as they will be posted as submitted at www.regulations.gov (http://www.regulations.gov). One should NOT include any personal detail unless s/he is willing to share it freely. While no one likes prices to go up, simply complaining about the increase in costs is unlikely to have an impact.
Comments must be received by April 2, 2007 and must reference the agency name (U.S. Citizenship and Immigration Services), as well as the docket number (USCIS-2006-0044). Comments may be submitted through the Federal eRulemaking Portal (http://www.regulations.gov/fdmspublic/component/main) or via mail or hand-deliver / courier, in hardcopy, disk, or CD-ROM form to:
Director, Management Division
U.S. Citizenship and Immigration Services
Department of Homeland Security
111 Massachusetts Avenue, NW, 3rd Floor
Washington D.C. 20529
Conclusion
Voicing your opinion makes you a part of the democratic process, and this is how the U.S. government and legal systems are supposed to work. Although many may hesitate to publicly comment, the government does carefully consider the content of comments, as well as the sheer number of those responding. When the USCIS introduced regulations to reduce the time for B-2 tourist visits from six months to 30 days, for example, there were more than 10,000 comments. That convinced the USCIS to shelve the proposal.
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pappu
10-22 06:54 PM
I totally agree with you. I am planning to attend the mela. I will print some flyers to distribute to people( fresh immgrants ). Is there any core member in DC/VA area planning to attend the mela ? Any recommendations from Team ?
pls get in touch with me. I sent you a PM.
pls get in touch with me. I sent you a PM.
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baburob2
03-14 12:56 PM
go to the airport and ask them to give you a new I-94 because the border patrol officer made a mistake and should've given you an I-94 valid till the date of the H1 expiry and not till the date of the visa expiry.
i concur with the above reply. if not you could get a new visa stamp and reenter which will give you a new I-94 valid till April 2008.
i concur with the above reply. if not you could get a new visa stamp and reenter which will give you a new I-94 valid till April 2008.
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nullpointergc
09-18 09:56 AM
I am in similar situation. Our 485 were denied by stating PD was not current when it was filed. But we filed during July fiasco.
Now it is almost 5 months and no update on our MTR :(
Lawyer said they filed MTR also went through AILA but no help.
What to do now? Should go for Infopass/Congressional inquiry?
Now it is almost 5 months and no update on our MTR :(
Lawyer said they filed MTR also went through AILA but no help.
What to do now? Should go for Infopass/Congressional inquiry?
jfredr
07-05 01:29 PM
We have IV where we can post, get and say something which are related to immigration issues.
if Not IV where else u guys go to get the info?
So, lets support IV and not pull them down.
if Not IV where else u guys go to get the info?
So, lets support IV and not pull them down.
tulips
10-17 03:47 PM
Thanks ramaonline.
Yeah, he included me in the application and even I used AP earlier before getting my H1B visa stamp. His AP expires in early Dec and he would like to visit us in Christmas break. So do you think he can still apply for AP? Can that trigger RFEs since he is not in country. I assume if he comes in on H4 then GC application is considered abandoned. Not sure what happens to our current application. Is h4 the way to go then?
Yeah, he included me in the application and even I used AP earlier before getting my H1B visa stamp. His AP expires in early Dec and he would like to visit us in Christmas break. So do you think he can still apply for AP? Can that trigger RFEs since he is not in country. I assume if he comes in on H4 then GC application is considered abandoned. Not sure what happens to our current application. Is h4 the way to go then?
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