pachai_attai
08-15 02:55 PM
I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?
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americandesi
10-21 08:22 PM
That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
Rather than you taking a decision on this, let USCIS decide how to proceed with your case.
Refer following thread on this topic
http://immigrationvoice.org/forum/showpost.php?p=88355&postcount=39
The conclusion says "worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other"
Rather than you taking a decision on this, let USCIS decide how to proceed with your case.
Refer following thread on this topic
http://immigrationvoice.org/forum/showpost.php?p=88355&postcount=39
The conclusion says "worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other"
anzerraja
07-20 09:26 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
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getrdone
02-23 06:23 PM
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
I used AC21, been Ok !!
I used AC21, been Ok !!
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hope123
12-21 06:29 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
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.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
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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royus77
05-28 11:19 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
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GCSeekerCT
08-21 07:47 PM
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
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GCVictim
07-24 01:20 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
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p_aluri
04-01 05:38 PM
I am sorry to hear about your situation.
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
more...
pd052009
09-13 02:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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maverick6993
11-07 03:17 PM
I am in Birmingham and would like to join the state cahpter.
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chanduv23
05-11 10:17 AM
I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.
You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.
Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.
Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..
I see people crying and cribbing and blaming everything and everyone for their situation.
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.
Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.
Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..
I see people crying and cribbing and blaming everything and everyone for their situation.
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
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rsb
06-19 07:47 PM
Fellows,
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
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mhtanim
09-15 02:05 PM
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.
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rkumar18
11-21 11:45 AM
Well contextually speaking...immigration benefits are for Cubans living in Cuba and for those who are already living here (BTW 75% of the total Cuban population in the US live in Fla so no surprises on the "vote bank" politics here) they are already US citizens.
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kate123
06-17 12:22 PM
It is illegal to sell iphone apps on F1
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
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mirage
04-08 02:40 PM
On Page 3 they say total Employement based preferences number was 162,176
Than on page 6 they say total Employement based preferences number was 147,148
Than on page 6 they say total Employement based preferences number was 147,148
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hsingh82
04-22 04:47 PM
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?
Thanks!
Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?
Thanks!
Almond
01-27 12:54 AM
Ah, thank you for posting this, I have been checking that link desperately forever and it hadn't changed. Question to those who know better, if my Notice Date is May 15, and the "processing time frame" for I-485's is July 19, what does that mean for me? Am I stuck in some kind of check or something? Thanks in advance.
h1techSlave
12-04 12:28 PM
I thought you can be with out a job for 6 months while AOS pending. Not on H1, but in EAD.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
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