xu1
04-10 11:06 AM
I will send an email after work with details.. Can't use webbased mail right now at work.
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ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Desertfox
12-12 07:03 PM
This is hilarious.....lmao
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
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me_myself
12-17 07:02 AM
Did someone face this situation recently? I am really concerned about my case.
more...
dpp
02-06 09:01 PM
Whenever the H1 is transferred, H4 also has to be transferred.
number30
04-09 01:57 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
more...
meridiani.planum
07-19 03:20 AM
Thank you Ganguteli and Elaine for your responses.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
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tabaching
10-22 09:34 AM
Hey kumarc123,
Thank you.
Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.
Hope I didn't confuse you.
Thank you.
Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.
Hope I didn't confuse you.
more...
Jaime
10-13 01:46 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR2007101201640.html?hpid=opinionsbox1
"Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.
Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)
Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?
"Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.
Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)
Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?
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GC_ki_daud
03-13 03:18 PM
Also if I leave this employer and work with another employer on AC21, Will the USCIS still question me if they do a full inquiry on the company (FYI it is a staffing/consulting company)
more...
tabaching
10-22 09:40 PM
Hello guys,
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
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zoooom
10-25 10:04 PM
Hi There,
My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.
My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.
more...
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vnsriv
09-06 01:33 PM
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
1. There are many case like this
2. Your wife's case will be processed independently. Her FP is independent of you.
3. No.
4. You will get one FP notice.
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
1. There are many case like this
2. Your wife's case will be processed independently. Her FP is independent of you.
3. No.
4. You will get one FP notice.
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perm2gc
05-22 01:30 PM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Please stop thinking about what our lobby firm will do.
DO FIRST WHAT IV CORE TEAM ASKED FOR.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Please stop thinking about what our lobby firm will do.
DO FIRST WHAT IV CORE TEAM ASKED FOR.
more...
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anai
09-18 10:31 AM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Thanks to the two other posters, for their informative replies.
Here's a follow up. I just called USCIS to discover the following:
About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.
Updating here in case this is helpful to anyone else.
By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Thanks to the two other posters, for their informative replies.
Here's a follow up. I just called USCIS to discover the following:
About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.
Updating here in case this is helpful to anyone else.
By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.
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Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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GCwaitforever
09-28 02:33 PM
Once retrogression starts, I-485 processing is held for all cases with priority date after the cut-off date.
Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).
If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.
You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.
Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).
If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.
You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.
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dskhabra
12-05 09:55 PM
If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
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Sooria
10-28 01:16 PM
Guys
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
nb_des
09-21 11:33 AM
One more question:
When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
I dont think you can do that.
When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
I dont think you can do that.
tabaching
10-22 09:40 PM
Hello guys,
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
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