gimme Green!!
06-14 04:54 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
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saketkapur
10-09 12:18 PM
Which document to produce for people on EAD and AP?
I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......
Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:
If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:
I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......
Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:
If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:
gcdreamer05
04-17 01:17 PM
Yes, absolutely.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
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insbaby
08-10 08:23 AM
Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.
There are couple of issues:
1. You are trying to form a small group inside a big one.
2. You PD should be in Jan/Feb/Mar so you worry about people just blocking your way.
Where would the people after 2004-Jan PD go, as we are reaching Jan-2009.
There are couple of issues:
1. You are trying to form a small group inside a big one.
2. You PD should be in Jan/Feb/Mar so you worry about people just blocking your way.
Where would the people after 2004-Jan PD go, as we are reaching Jan-2009.
more...
yabadaba
06-18 12:00 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
Junky
10-28 08:02 AM
Happy diwali to every one.
May the festival of lights fill your hearts with hope, peace and serenity
May the festival of lights fill your hearts with hope, peace and serenity
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gckalafda
08-04 11:33 AM
My EB3 I-140 is pending and got RFE at NSC since 1st Jan 2007 and later moved Texas, I don't know wether this thred belongs to same or not. I have a PD of Dec 2003, :mad:
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hopefulgc
11-05 10:24 PM
Did your company file an EB2 labor/petition on your behalf?
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
more...
kondur_007
05-13 01:34 PM
Thanks to all of you! Such a wonderful discussion.
So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.
It can also be done at 485 stage, but much easier to do at 140 stage.
Make sure to insert the same A number that came with old I 140.
Good Luck.
So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.
It can also be done at 485 stage, but much easier to do at 140 stage.
Make sure to insert the same A number that came with old I 140.
Good Luck.
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nashim
08-11 09:56 AM
please add year 05, 06, 07 and 08 too.
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thomachan72
07-28 11:14 AM
I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.
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kaisersose
07-27 02:37 PM
Hi All,
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
more...
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for_gc
05-01 10:25 AM
I very much like this idea. I can help you on this if you want. I may not be able to spend much time on it during the work hours but may try to squeeze out something in the evenings, weekends.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
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dealsnet
02-27 09:33 AM
That is why US consulate is not giving visit visa to Indian youths 15-35 years of age.
They know, these guys will come here and work then marry a US citizen to remain legal.
So need legal entry is required, then remain illegal, without any problem, just marry a US citizen.
This is giving a problem to deserving visit visa applicants.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
They know, these guys will come here and work then marry a US citizen to remain legal.
So need legal entry is required, then remain illegal, without any problem, just marry a US citizen.
This is giving a problem to deserving visit visa applicants.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
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snowshoe
11-27 03:10 PM
Quite a few cases seem to have been approved by both TSC and NSC in the last two weeks.
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sam_gada
07-11 02:56 PM
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com
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nixstor
06-30 06:35 PM
Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens
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mss007
07-21 04:36 PM
My H1B approved in June 2005 (Renewal) and it was until June 2008, now it is showing Case received and Pending :eek: don't know the reason.
I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.
I think these are system issues so don't worry....................
Let us know if again any changes on your I140..
~
ss
I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.
I think these are system issues so don't worry....................
Let us know if again any changes on your I140..
~
ss
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caond
05-07 11:29 AM
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
sanju
10-09 05:07 PM
Hi! there,
Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.
And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.
Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.
And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.
Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
cecil1558
10-15 03:38 AM
Thank you for posting this enlightning article. I think some of it is very true, give it fifty years and oriental Asia will have become an even greater threat to the US� leadership, if not ended it completely. I�ve never looked into this, so I�m asking: Aren�t there different immigration rules that aren�t as strict when you actually study in America? And when you go study there, do you need immigration permission and does it take you this long to get it or what?
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