sundarpn
04-30 07:05 PM
You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
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doshhar
09-24 11:37 PM
I am a July 2nd filler and I didn't get any updates yet.
My I-140 got approved from Texas center and my LUD is 08/05.
What are we trying to analyze here?
My I-140 got approved from Texas center and my LUD is 08/05.
What are we trying to analyze here?
sunil0617
06-17 05:26 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
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rkgc
11-19 06:23 PM
phew... rite? it was a pain when I actually booked too, takes lot of time also.
on that note, do you know if there there are any more visa issuance fee Demand Drafts etc we need to have, or just the HDFC receipt is enough?
RK
on that note, do you know if there there are any more visa issuance fee Demand Drafts etc we need to have, or just the HDFC receipt is enough?
RK
more...
krishna
06-02 07:52 AM
The indian consulate in NY states that one can apply for a renewal a year before his/her passport expires. Check out this link.
Here is the statement
Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.
Here is the link
http://www.indiacgny.org/php/showContent.php?linkid=29
Here is the statement
Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.
Here is the link
http://www.indiacgny.org/php/showContent.php?linkid=29
Wendyzhu77
07-10 09:55 PM
This is absolutely wrong.
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
more...
crystal
07-07 10:31 PM
Why you are spamming all the thread with the same message. We already have two thread for this video Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
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kprgroup
02-01 11:33 AM
Update on H1B Extension
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
more...
ravi98
03-08 09:13 AM
Thank you IV for this service. I have emailed my question to the address provided.
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phillyag
02-12 03:36 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
more...
newyorker123
09-28 10:53 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
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reddymjm
02-18 08:01 AM
I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.
Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.
Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.
more...
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raysaikat
07-13 01:27 AM
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
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mtsaha
08-09 01:16 PM
You can leave it as blank, you will getting the A# with the 485 receipt ...
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
more...
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rajeshalex
11-18 07:07 PM
you can check with info@alexys.us... They can help you to get the appointment.
My H1b I did through them..
Rajesh
My H1b I did through them..
Rajesh
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Singer
10-21 11:10 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
more...
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Cloakendagger
06-15 12:39 PM
Lerm,
I would be willing to work with you. Check out this site I designed for a Lan group.
www.shellshocklan.com
Nevermind the chatter on the site, its nothing.
I would be willing to work with you. Check out this site I designed for a Lan group.
www.shellshocklan.com
Nevermind the chatter on the site, its nothing.
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EndlessWait
06-29 12:07 PM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
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reddy77
11-06 03:29 PM
I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...
Googler
07-18 12:25 AM
Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.
Superdude and others -- momentum does not stick around -- acting before the bureaucratic mumbo jumbo starts is pretty important. While the Emilio Gonzalez and Co are still feeling the heat, while Lofgren and Co remember why this happened in the first place, before Numbersusa and Co get their story together even on this issue. The attention span of Congress, the attention span of the press is very very short.
To be completely frank, EADs and APs are crumbs -- crumbs we will all be eating for years as we wait for our green cards.
Superdude and others -- momentum does not stick around -- acting before the bureaucratic mumbo jumbo starts is pretty important. While the Emilio Gonzalez and Co are still feeling the heat, while Lofgren and Co remember why this happened in the first place, before Numbersusa and Co get their story together even on this issue. The attention span of Congress, the attention span of the press is very very short.
To be completely frank, EADs and APs are crumbs -- crumbs we will all be eating for years as we wait for our green cards.
vjkypally
01-24 12:30 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
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