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maine_gc

12-11 11:57 AM

It is common. Your 485 is based on the denied I140. If the I140 is appealed then the 485 will also be tranferred to the Appeals Office. That does not mean you I485 is denied. It is
still under process and you can apply EAD and AP as well.

I am saying this with my own experience. Hope this helps

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vkotval

03-26 05:35 PM

Never give childcare as a reason. INS treats this as employment for parents. But religious ceremony for child may work. For medical stuff, I'd say that you need to show that either they cant travel or they are under some treatment here. For both the reasons, you need a US doc to write a letter. The best reasons are travelling to different places in the US.

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mdipi

10-21 05:33 PM

very good! i love it. i need to find a good font site,,,anybody got anything?:q:

mike :cyclops:

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applejelly

11-18 10:53 AM

lol! I see what you mean

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CCC

04-13 01:39 PM

Hello,
My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?

PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.

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darslee

07-07 12:22 PM

I think it is worth a shot....No harm trying. :)

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another one

07-10 09:25 AM

really proud of your efforts. Hope more people in DC have the courage to join you.

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scorion

10-01 07:27 PM

Physicaltheraphyforum.com is an awesome place to find this kind of information.

I can answer some of the question but don't have first hand personal experience.

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JA1HIND

02-06 08:34 AM

It looks as though they have updated their page. Previously they were suggesting people apply 180 days in advance.

You are right a month ago it used to say 180 days as I have a print out and now it say's 120 days...since we are dealing with notorious USCIS who are very popular of doing such silent updates and there won't be any track of updated time stamp or date stamp anywhere on this website...(which is another useless page) I guess they do it on purpose and not sure if you remember recently how they changed dates for NSC & TSC for 140 processing dates etc....

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rajiv404

12-09 06:11 PM

I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?

Any response will be appreciated. Thanks!

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babu123

03-31 10:41 PM

Thanks for the information.

Can we file I-130 and I-485 concurrently in this category now or I need to wait until my priority date is current to file I-485 in this category?

Appreciate your thoughts in this.

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jaewonj

04-01 10:26 AM

I'm in my 3rd year of my first H1-B which will be expired Sep. 2011.

If I transfer my H1-B now to another company, then do I automatically get another 3 years or do I have to file an extension after my H1-B has been transferred?

Thanks

-J

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belmontboy

09-30 08:32 PM

Hi,

I have been in US for last 2 years on L1 B and my L1 expires in Dec 09.I My company has already applied for renewal. I wanted to know is it possible to file Green Card, once my petition is renewed, on my own even if employer is not interested in doing it. I am ready to pay my expenses and get it filed. Just wanted to know if it is possible. I have been with my employer for 4 years.

Regards,
AD

All Employment Based green cards must be filed/sponsored by an employer.
You cannot file by yourself.

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Appu

10-05 07:01 PM

Thanks for the response!

Once I get the I-140, can I directly apply for the transfer and get the new H1 for 3 years instead of extending the current one first?

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gsc999

04-02 03:51 PM

bump

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amitjoey

01-21 12:33 PM

Hi guys,

I know this is Off Topic (OT), but I was wondering if ALL Tax payers including immigrants on H1B will be getting the proposed tax rebates. This had happened in 2001 as well and my citizen co-workers remember getting checks.

Does anyone who was on an H1B in 2001 remember getting a similar rebate check? I definitely dont remember getting one.

For tax purposes, you are considered a "US resident" and will get all the breaks or rebates that a US Resident will get.
I think I did get the 2001 year rebate

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adhantari

08-09 11:01 PM

time like this..... EB backlog so bad........ wait time soooooooo many years......... you really think we care about new H1Bs...................... I say its good the CAP is not filled this year............maybe the corporations will find it difficult to get fresh cheap H1Bs.... then will push congress for Visa recapture........... so they can get skilled man power they need............

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WFGC2006

07-20 02:40 PM

maybe this question has been asked before, I just couldn't find the thread.

These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?

If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.

Do I understand correctly?

Is this fair, though?

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gcpower1

01-27 07:11 PM

you are breave enough to fight 221g....

Welcome to USA after looking all this mass you still want to came to USA....

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skothuru

11-11 06:42 PM

We are in the same situation, filed 485 on July 8th at NSC & EAD/AP on August 12th using 485 proof of delivery. Received receipt notices, FP done, 485 transferred to TSC, but haven't received EAD/AP. Planning to take Infopass appointment.

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birdwing

10-11 11:34 PM

i don't care anyway :lol:

Kirupa looks good as a priest :beer:


one day I'll understand these references.


until then I'll admit to being a complete and udder Nooooooob :trout:

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greyhair

01-05 10:00 AM

This is simple posturing and nothing more. Hispanic caucus CANNOT bring down healtcare reform. They have as much invested in the healthcare bill as anybody else in the Congress. They way I see it, this equates to a sucide threat if my friend won't shot at the enemy. All this to make a show to the hispanic population that hispanic caucus is doing something to push for the immigration bill. Nothing more. I would not weigh-in too much on this news item because its not for my consumption. This news is for the consumption of hispanic voters only.

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msp1976

02-09 01:30 PM

This is from
http://britishexpats.com/forum/showthread.php?t=258654

In previous years, INS made a distinction between H-1B1 (Specialty Occupation) and H-1B2 (Fashion Model). These days they've dropped the distinction-- specialty occupation workers and fashion models get identical approval notices, indicating simply "H-1B." The H-1B1/H-1B2 distinction is gone, for all intents and purposes.

H-1B visa status allows "dual intent," i.e. the intent to work temporarily in the U.S. and return home at the end of the H-1B period, plus the intent to apply for a green card (and not return home), should the opportunity become available. In other words, H-1B visa holders can pursue a green card with no adverse effects. Many of the other visa categories (e.g. F-1 student, B-1/B-2 visitor, and even E-2 treaty investor) allow only "non-immigrant intent." Having applied for a green card or abandoned one's residence abroad can be grounds for denial of one of these visas.



So you can calm down ...have some lunch...


Please donate to IV ..That is in your self-interest...

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widad2020

06-10 10:57 AM

USCIS is going to issue two year EAD starting at the end of June 2008 for those AOS applicants whose cases USCIS expects to get deleyed more than a year.
"
I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.

Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year."
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm

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geesee

08-22 12:41 PM

I'm from NJ, but I dont consider myself very knowledgeable about Immigration issues.

I wonder if Chandu or Sanjeev are interested.

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2286743

06-27 08:57 PM

Hi All,

I would like to know if i can file multiple 485s being primary on both ?

Here is my current status ...

1. Company A sponsored my GC and the priority is Oct'03 (never worked for this company)
2. Company B sponsored GC (priority Nov'05). - Currently working for this company
3. Both are EB-3
4. Applied 140 & 485 thru concurrent processing (Company A) in 2004
5. Now that all the dates are current, I am eligible to file 485 (Company B)

So my question is can i have two 485s filed ?

First case is future employment case but has '03 priority
Second case is more strong, but with '05 priority.

I am confused, what to do now.

Any advice is appreciated.

Thanks

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omahaguy

08-05 11:48 AM

Company A attorney says I can apply for 3 year extension from B. Still waiting to hear from B's attorney. Did you check with your attorneys?

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imh1b

09-07 11:04 AM

Gurus, check out the lawsuit against USCIS by our Chinese brothers. Could someone analyse these and put in simple language the whole thing?

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jit15k

06-14 03:25 PM

This is only if you had a J1 Visa

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visli_com

01-15 02:31 PM

I'll be going to carry following documents. Please see document no also, and let me know if I have all right documents for re-entry.

Please help.

Thanks.



For me
485 RECEIPT - I- 797C
Ap Approval Notice - I512L
Paychecks
Employment Letter

For my wife
485 RECEIPT - I- 797C
Ap Approval Notice - I512L
My Paychecks
My Employment Letter

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kaisersose

07-18 08:02 AM

I just read this line from the USCIS release

===

USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.

====

It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.

if yes, then this is something that should be clearly mentioned somewhere.

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rangaswamy

08-18 01:51 PM

Big goof up on AP document, my spouses document had my alien number. Thankfully, they recognized it as a USCIS mistake and let her in. She had to wait 3 hours for processing, they also took both AP forms and set up and appointment at USCIS office in SF.

I have to go to SF tomorrow. Couple of qns that some one may be able to answer
1) What should i expect tomorrow?
2) When im there can i ask them any question regarding the status of my case?

On a separate note, i heard from a friend that AP is getting approved in 15 days now. Is that a one off case?

Thx

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harrydr

09-11 11:52 PM

My understanding is in current times, you cannot file I-140 and I-485 concurrently. Did you file your I-140 and I-485 together in 2008?

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pandu_hawaldar

07-06 09:16 AM

Hi,

My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.

Please guide.

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sys_manus

04-30 05:01 PM

She is French if I am not mistaken..

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Ruth B

08-14 01:30 PM

"I would like to hear your professional opinion on the following issue: I have been on F-1 visa for 7 consecutive years. I have an employer that has sponsored me as a Graphic Designer. In fact I have obtained the I-140 through him already. I recently applied for employment AOS (July 25th) with my wife (She is on F2 visa) and I'm currently waiting on the Notice Receipt. School starts on August 20th and I'm hesitant on when exactly the new Immigrant Status starts. Do I still need to enroll for classes in order to maintain my visa? I don't intend to finish school due to financial difficulties, when exactly may I drop out from school? Should I remain enrolled up until I receive the EAD and AP? Thanks in advance for your response."

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regacct

07-12 10:49 AM

Congress Must Stop Playing Immigration Futbol - Yahoo! News (http://news.yahoo.com/s/cq/20100708/pl_cq_politics/politics3698103_1)

..... Even as they battle each other, both parties are losing, too. By demanding ever harsher enforcement measures, Republicans are kicking away support from Latinos, the nation's fastest-growing demographic group.

And Democrats, by insisting on "comprehensive" reform to appease liberal and Latino activists, are losing the chance to enact incremental changes that might build a consensus for full reform.

....The idea of incremental reform has been advocated for years by the founder of the National Immigration Forum, Rick Swartz, but it has been resisted -- and still is -- by many activists who demand nothing less than earned legalization for most of the country's 12 million illegal immigrants.

.... A "down payment" bill ought to pass this year. After all, 11 Senate Republicans have supported immigration reform in the past. But the bottom line is that nothing at all will pass this year. What about next year?

Republican Conference Chairman Lamar Alexander (Tenn.) told me that 2011 should be the year for action both on the nation's debt problem and immigration -- but he said that "border security first" would continue to be the GOP mantra.

.... You'd like to think that maybe Republicans and Democrats could act like adults, call a truce and agree to compromise reform legislation gradually leading to legal status for illegal immigrants.

You'd like to think it, but it would be utterly -- and sadly -- out of character for those in power in Washington, D.C.

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Chintu2009

02-09 01:36 PM

I am on l2 since my husband is on L1. I work full time for a US employer with an EAD. Now, what would happen to my status if my husband quits his job?

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jnc

07-12 02:15 PM

fromnaija,

Thanks for your answers.

jnc

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anilsal

01-29 12:48 PM

the second charge of "false statement" to the officer is? That will look negatively on the character of the applicant.

In general traffic citations are minor misdemeanours. Not sure about fishing. But the second charge IMO is a bit serious.

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GotFreedom?

09-21 03:03 PM

I e-Filed the AP for my wife and myself over a month ago. We received the receipt notice for my application but did not receive it for my wife's application. The e-filing generated the receipt number starting with LINxxxxxxxx for both the applications that shows as valid application at the USCIS's online status tracker. Should I contact the USCIS's customer service and inquire about the receipt notice for my wife's application of just ignore it coz' its not a big deal as we already have the receipt numbers?

Thanks in advance gurus for suggestions!!

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anantc

08-26 04:47 PM

Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
Labor Filed Date: Oct 3rd 2003
Labor Approved Date: Sept 15th 2006

EB2 140 Applied: Oct 30th 2006
485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
485 Finger Print for both(biometrics): Oct 4th 2007

EB2 140 Query (RFE): Dec 5th 2007
"The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
EB3 140 Applied: Jan 10th 2008
In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
Also will the existing I-485 pending is fine or should I file new one for EB3?

Thanks in Advance.
Anantc

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scorpion

09-10 10:05 AM

If the job description on the Labor allows 3 year degree. And if it is properly filed by the lawyer than there should not be any problem. I know few people who got their I-140 (EB3) approved from NSC with 3 year degree.

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Leo07

09-03 05:03 PM

I was thinking I'm the only one waiting for the inventory data eagerly.I just stopped short of opening a thread though:)

As ridiculous and pathetic as it may sound in our case, Homo sapiens like to wait for something good or in 'hope' for the good to come.

While waiting for GC eternally, we learned to wait for VB each month,Demand Data used for VB each month,Inventory Data released quarterly. Of course, for all the analysis & comments that come out of each of these data points.

If it helps any, don't expect it before Tuesday/Wednesday next week.
Have a wonderful long weekend y'all!

When will they post inventory data? I got bored with analyzing/looking May 2010 inventory. EB3 filers like me needs something to munch on for next couple of years.

Note to USCIS: don't delay your release dates of inventories. Keep us busy ...

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Templarian

01-28 03:51 PM

[third opinion]I use Blend 60% and Visual Studio probably 40%. You will want both.

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TomPlate

01-03 04:07 PM

I met my senator during dinner and asked him the status he said please ask by calling this number - 1-800-314-4345 - 7654

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ameryki

05-15 12:35 PM

Hi IV friends-

I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -

Should I apply for reneal of EAD or new EAD?

How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?

Thanks in advance for all the help.

Regards,

Imi1224

do some reading around here and you will find answers to all your questions. you will be renewing your ead.

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gc_on_demand

12-04 11:05 AM

Hi Guys,

Could someone provide me with the Employment Letter Format (Based on this format, I will get my Employment Letter from my Employer) which I can show at POE, chicago while coming back from INDIA.

Thanks a lot

Dude

your regular employment letter that you get from HR should work. There is no special format for POE.

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msekhargc

12-11 01:57 PM

my 140 has been transferred from TSC to VSC on 11/27/07.. no updates after that.

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yganreddy

08-31 12:50 PM

USCIS updates the status with this generic message when they receive response to the RFE. Regarding the interview, I think its random and there is no specific criteria for USCIS.

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chicagoan

05-05 11:03 PM

I am in 5th year of my H1B visa and have visa stamped through the end of September 2010. I am traveling to India May 15th, 2010 and returning to the US on June 6th, 2010. That means I will have about 4 months of valid visa by the time I will be entering the USA. I am planning on renewing my visa after returning to the US. On a side note, my labor has ben approved and filed I-140 recently.

My questions is, do you think I have to start my H1B visa renewal before I leave to India or I can apply for renewal after I return?

Any suggestions appreciated!

Thanks,

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mzdial

December 29th, 2005, 08:52 PM

Yep.. Steve had a database crash last year and the got wiped I believe.. I thought it was funny this old thread was dug up. :-)

They are on disk somewhere.. But I'm away from home and don't have access to them right now.

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