jungalee43
06-29 09:05 PM
I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
I guess the cases that are pre-adjucated are called for interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
I guess the cases that are pre-adjucated are called for interview.
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jk333
07-17 07:15 PM
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
waitingnwaiting
11-29 02:43 PM
Any news on this?Will they give EAD?
Please ask the lawyer who said that and let us know if this is happening.
Please ask the lawyer who said that and let us know if this is happening.
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greencard_fever
08-04 04:38 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
Thank you for the update and can you provide me the details how to take the infoPass.
Thank you for the update and can you provide me the details how to take the infoPass.
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bank_king2003
04-21 11:29 AM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
jthomas
05-18 11:15 AM
Thanks for more information
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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SGP
02-04 02:52 PM
Congrats on your freedom my friend. Fly like an Eagle. I am really happy to see a fellow member break open the shackles which were holding him back. Don't forget us and keep bumping up this thread for people like us.
God Bless.
$$$$$$$$$$$$$Good Afternoon GC$$$$$$$$$$$$$$$
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
God Bless.
$$$$$$$$$$$$$Good Afternoon GC$$$$$$$$$$$$$$$
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
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Joozz
09-19 04:45 PM
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
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spicy_guy
04-26 12:24 PM
we live in Chicagoland. PM me if you would like to talk.
Hi Evildead,
Can you check your PM pls?
Hi Evildead,
Can you check your PM pls?
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superdude
07-17 10:41 PM
you are OK
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CADude
11-08 12:46 PM
per USCIS released information approx 655K AOS pending application as of end of Sept 2007.
It's also has 281K EAD & 188K AP pending applications.
So long way to go for GC journey...
Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
It's also has 281K EAD & 188K AP pending applications.
So long way to go for GC journey...
Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
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inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
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new_horizon
02-17 07:16 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
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needhelp!
05-21 07:52 PM
Very good post and the answer is in the last part:
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
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GCard_Dream
01-31 01:09 PM
Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
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angelfire76
12-07 05:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
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desi3933
08-04 11:14 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
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chintals
09-03 11:43 AM
I have got an LUD on 09/01/2009 for both the cases, but the status is still pending.
I am worried, did any have similar experience?
I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.
I am worried, did any have similar experience?
I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.
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number30
04-12 12:10 AM
Hi guys,
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1
tomatocup
07-12 04:55 PM
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
nogc_noproblem
04-10 04:07 PM
Lou Liar Dobbs lied even in this case also. Couple of days back in his show he said more than 400k H1B applications filed. He never gave correct statistics when it comes to legal immigration. It is disheartening to see nobody could able to do anything about his biased campaign.
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