gc_mania_03
09-11 11:06 PM
Folks,
We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.
We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...
I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...
Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...
gc_mania_03
We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.
We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...
I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...
Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...
gc_mania_03
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ss_col
08-21 12:15 AM
You are very eager to get an answer to make your case. Have you contributed?
sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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surabhi
07-13 01:08 PM
I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
more...
martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
JunRN
12-18 04:57 PM
Thanks for the link. It is really very helpful.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
more...
SmSm
06-04 08:40 AM
My PD 15 July 2002 EB3 India and
I485 Receipt Date May 12, 2004
Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.
I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.
Oh well....
IV is the only place that is doing a lot to change.
Keep the good work IV.
Have donated $200 under my name and $150 under my wife's name to IV
I485 Receipt Date May 12, 2004
Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.
I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.
Oh well....
IV is the only place that is doing a lot to change.
Keep the good work IV.
Have donated $200 under my name and $150 under my wife's name to IV
2010 David Beckham Angel Tattoo
sac-r-ten
02-23 09:12 AM
hi anu,
are you going to upload the last thursday's call on the wiki page?
thank you
are you going to upload the last thursday's call on the wiki page?
thank you
more...
gcformeornot
03-24 06:00 PM
How come h1 transfer gives me the solution?
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
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sammyb
05-02 09:54 AM
Read this on recent news letter ...
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
more...
gc_aspirant_prasad
07-18 10:44 AM
My attorney has indicated that we wont have to refile. They had sent it to NSC around July 3.
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omiboy
09-23 10:56 AM
Thank you for your reply.
My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.
With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?
Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?
Thank you for your time once again.
Sincerely
Omi
My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.
With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?
Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?
Thank you for your time once again.
Sincerely
Omi
more...
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j751
07-17 03:19 PM
Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....
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miguy
06-29 11:32 AM
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
more...
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Sakthisagar
06-07 08:44 AM
Hi,
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
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indigokiwi
05-20 11:34 PM
Haha...so does this mean that no one really knows what OP stands for? :D
more...
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GC_1000Watt
10-12 09:58 PM
I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.
Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?
Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?
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guyfromsg
07-10 09:43 PM
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
and the 140 was transferred to TSC.
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
and the 140 was transferred to TSC.
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surabhi
08-15 08:33 AM
I think it can actually create huge heartburn. This is not intended to allow filing I-485 before PD is available. Rather it is to introduce one more hoop to jump over. Now I-485 will be "By invitation" after you successfully complete pre-screen.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
mrsr
06-22 09:28 AM
also include
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
speddi
10-15 01:17 PM
this is the response I got from our company attorney..
If you use your EAD to work part time for another employer, then you would no longer be in H-1B status. However, the H-1B petition would remain valid but you would not be in H-1B status (your stay in the US would be as an applicant for adjustment).
If you use your EAD to work part time for another employer, then you would no longer be in H-1B status. However, the H-1B petition would remain valid but you would not be in H-1B status (your stay in the US would be as an applicant for adjustment).
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