Friday, June 17, 2011

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  • prdgl
    02-10 09:43 PM

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).

    Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.

    So if i switch now, I will

    1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
    2. I get a very good attorney to file my GC
    3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)

    If I don't switch, my odds are that

    1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
    2. Can't talk to the attorney directly

    So IS IT WORTH switching the employer for

    1. Gettting into EB2
    2. Getting a good attorney to file my LC
    3. Be able to talk to attorney directly

    Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?


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  • njdude26
    07-19 03:57 PM
    My attorney today informed me just a week after he sent an email to them saying that case was closed in error they replied back saying they are reopening the case. wow that was fast...

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  • kaisersose
    07-11 06:09 PM
    As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

    To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.

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  • supreet
    06-30 12:28 AM
    My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".

    The letter does not say if they are going to reschedule OR the reason for cancelling.

    I am a July 2007 applicant and this is the first FP appts we have got.

    Does anybody have this kind of experience before?
    Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.

    My case is in TSC.

    Any comment is appreciated.

    Bipin :mad:
    I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".

    Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).

    Any ideas what's going on?

    - S


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  • siva008
    02-24 09:08 PM
    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me

    Thank you

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  • sodh
    07-27 04:14 PM
    The FOIA request takes around 18 months to get some answer even if your request is easy.


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  • doubleyou
    05-20 11:31 AM
    Pappu, Thanks for the link it is informative and looks like IV had raised the namecheck issue. Let us see if there are other members on IV still experiencing FBI check delay.

    Maybe then a retouch of the issue will be helpful.

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  • Ramba
    07-29 07:15 PM
    Ahem.. ? :confused:

    Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.


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  • rbharol
    08-15 04:05 PM
    IV is already working with USINPAC. if you know of any other indian orgs, pls contact them for support as an IV member.
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.

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  • nacho
    07-15 06:23 AM
    USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.

    Can a core team member comment on this please?


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  • fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.

    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.

    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).

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  • katakamk
    07-11 03:00 PM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.

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  • WeShallOvercome
    08-01 05:23 PM

    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485


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  • nousername
    06-01 01:50 PM
    Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.

    You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.

    Thanks once again for your reply.

    I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

    - no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

    Thanks again for your time and advise.

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  • Catherine
    11-04 02:06 AM
    I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

    I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

    I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

    Many thanks in advance for all help and advice.

    P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.


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  • logiclife
    04-08 12:23 AM
    like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.

    The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.

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  • seaken75
    07-17 10:14 PM
    Do you know how long it will take to get GC from date of receipt of 485?

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  • thescadaman
    12-16 10:43 AM
    If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.

    The last 6 months of "no-license replacement" is making me very anxious.

    07-16 05:21 PM
    Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.

    I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...

    When new processign dates come out you will know have patience.

    10-17 06:37 PM
    In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.

    However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.

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