sixburgh
06-28 04:09 PM
Why did they allow me (my lawyer) to renew H1 status then?
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.
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satishku_2000
08-01 06:21 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
Alabaman
11-09 02:00 PM
Like my name suggests this is Alabama. I am in Birmingham... lets gather round yall.
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gc_maine2
08-08 04:27 PM
OK good another thread, now you have posted this info you can also close this thread.:)
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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gconmymind
08-14 12:58 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
shirish
08-15 03:16 PM
One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)
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pointlesswait
03-31 12:39 PM
take that dispute report and go to your local police station..
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
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anoopraj2010
08-04 12:42 PM
Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
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GKBest
12-26 06:31 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?
Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?
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rb_248
10-16 08:05 PM
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
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kumarc123
07-16 03:02 PM
USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
Close your stupid post
First you whine and complain of why dates didn't move, now you are focusing on when dates will retrogress?
What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.
Some other members with an idiotic ideology have similar posts
Eb2 bad luck
EB2 retrogress
Grow up guys, everyone worked hard to see some results, as per now don't break everyone's spirit by posting all these stupid forms. Think positive and positive will happen.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
Close your stupid post
First you whine and complain of why dates didn't move, now you are focusing on when dates will retrogress?
What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.
Some other members with an idiotic ideology have similar posts
Eb2 bad luck
EB2 retrogress
Grow up guys, everyone worked hard to see some results, as per now don't break everyone's spirit by posting all these stupid forms. Think positive and positive will happen.
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amitga
08-24 01:29 PM
Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.
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waitingnwaiting
01-21 08:00 AM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
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natrajs
09-25 02:05 PM
Wow, Very good one
Thank Q
Thank Q
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MARY_GC
08-24 02:14 PM
One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.
Reasons why one would do this -
1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available
2. Job Role changed significantly enough to warrant a new Labor.
3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.
4. Upgrade from eb3 to eb2.
My case is like this:I have applied for eb3 with priority date feb2004.But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date.Whether is it a good option?any advices friends..i'm fearing whether uscis gets confused & close the eb3 case then my priority would become eb2 2007 :(.can anybody throw some light on this
Reasons why one would do this -
1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available
2. Job Role changed significantly enough to warrant a new Labor.
3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.
4. Upgrade from eb3 to eb2.
My case is like this:I have applied for eb3 with priority date feb2004.But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date.Whether is it a good option?any advices friends..i'm fearing whether uscis gets confused & close the eb3 case then my priority would become eb2 2007 :(.can anybody throw some light on this
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03-31 03:22 AM
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pbojja
02-09 04:09 PM
Hi,
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
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map_boiler
09-25 05:27 PM
I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.
he is still eligible to file.
he is still eligible to file.
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wandmaker
10-30 07:29 AM
Goto the SSA office in person, you will be done in an hour or less. No mailing hazzles.
Do we have to go in person to the SSN office to apply for SSN based on EAD for a person who's on H4 before ?
Do we have to go in person to the SSN office to apply for SSN based on EAD for a person who's on H4 before ?
tnite
06-26 10:09 AM
what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
ss1026
02-07 12:44 AM
The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
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