dsneyog
01-14 08:38 PM
I really hope then I will get mine in another 2 weeks. Neither company nor me want to lose any money on cruise and flight booking. it's so hard for them to understand that there could eb issues like this for cruise vacation.AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.
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txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
H1B-GC
05-14 04:36 PM
Back in late 2004 there were no. of EB3 GC's getting approved after a Long wait of 2-3 yrs of filing I-485's.Then All of a sudden towards the EOY the retrogression kicked in for EB3's. Might be coincidence but all the Depts. work in Tandem and they might know all the Inside information..
2011 from the first Terminator,
rb_248
01-18 09:01 PM
Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
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coopheal
03-13 04:37 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
kumar v
07-27 07:14 PM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
more...
Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
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milind70
07-24 02:39 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
I think you are okay ,please apply for a new passport as soon as possible.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
I think you are okay ,please apply for a new passport as soon as possible.
more...
provine
08-19 05:35 PM
I file pwd around the end of Feb this year. It's still pending. Anyone else is having the same issue? What can I do for this? Ask for tracking number from lawyer and call DOL? Please advise.
I am so frustrated...
I am so frustrated...
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shana04
05-17 06:27 PM
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
She has the second I-94.
I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents
As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.
Thanks for your reply.
Shana
She has the second I-94.
I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents
As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.
Thanks for your reply.
Shana
more...
Nagireddi
05-21 07:35 PM
It should be printed on both sides of the same page I have just sponsored my parents, inlaws and uncle and aunt(Total 6 people at the same time). All of them got 10 yrs visa.Though I have provided all documents, they did not bother to look in to those papers. They have been asked simple questions and given their visa.
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cdeneo
01-07 03:05 PM
I would really appreciate input on the following:
1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).
2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?
3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?
Looking forward to some good guidance on this topic. Thanks!
1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).
2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?
3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?
Looking forward to some good guidance on this topic. Thanks!
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boreal
09-21 11:57 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
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s416504
11-02 11:36 AM
I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).
I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.
I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.
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nfinity
07-09 10:15 AM
Before she changes her job so soon after I-485 approval. Make sure you understand the consequences of not staying with your petitioning employer.
Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.
Just my 2 cents
Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.
Just my 2 cents
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GCcomesoon
09-26 12:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
more...
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hdos
06-10 08:01 PM
I do worry about the stay here rightnow, I do not worry about when green card comes.
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.
If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.
I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.
If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.
I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,
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sreeanne
12-13 12:29 PM
my 485 also did not show up till my FP was done, but after my FP completed, the next day it showed up in online system.
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samrat_bhargava_vihari
06-26 02:26 PM
For sure it wont' happen. There is no practical way to implement it. So stop worrying about all these hypothetical issues.
Don't get into these kind of loop, unfortunately now a days people are unnecessary giving importance to these kind of rumors than daily activities.
Don't get into these kind of loop, unfortunately now a days people are unnecessary giving importance to these kind of rumors than daily activities.
waitingnwaiting
05-09 09:30 AM
I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV’s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
Do you get confirmation of G28?
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV’s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
Do you get confirmation of G28?
chaukas
04-15 02:28 AM
My parents travelled both on Cathay and JAL. Cathay has better food , but the flight to SFO is really long. They had used JAL before which has approx 8-10 hrs for each leg. Also, on the return , there is a days halt , so they provide a hotel. My parents took a small tour of the area too.
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