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  • kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.





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  • days_go_by
    09-12 07:27 PM
    thanks for correcting me, This is the true advantage of a forum.





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  • hanu0913
    10-08 03:12 PM
    Your sentences are confusing. Please no offense.

    You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

    My case : got GC on June. Filed wife's case in June and she has an EAD.

    All the best.

    so here is exact question , what about if i get GC approval before my PD gets current?





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  • 485Mbe4001
    05-17 11:13 PM
    Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.



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  • HereIComeGC
    03-26 02:07 PM
    I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

    But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

    Even NASDAQ could be more predictive than this...

    I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!





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  • joshraj
    10-03 11:46 AM
    Starting the thread for tracking the receipt notices recd by applicants for applications recd by the center on July 27 2007. Please update the thread with receipt dates, issued center. Also highlight if your I-140 is approved or pending with the center name



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  • prmetta
    11-23 04:05 PM
    I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..

    any help is appreciated..
    thanks
    :)
    Easy method on a automated basis is ICICI.

    https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.





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  • eb3_nepa
    07-20 03:49 PM
    Hello Gurus,

    I have a question about H1 and L1.

    Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.

    I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.

    So the plan is:
    1) KEEP the original H1B
    2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
    3) Apply for an L2 for my wife and get her work permit/SSN.

    Now my questions are:

    1) Is this possible AT ALL?
    2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
    3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?

    Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.



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  • shahuja
    02-04 05:50 AM
    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

    Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

    Thx

    Hello raju6855,

    I went for my H1B renewal at New Delhi on jan 14th and i am still waiting. Today is the 22nd calendar day. Has your wife got the pp back ? she appeared at ND as well ? Has she got any information from consulate or VFS ? what should we be doing in such a situation ?

    Appreciate your reply.





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  • jasmin45
    08-08 04:49 PM
    Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

    There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

    There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?



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  • howzatt
    08-15 11:34 AM
    What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?

    How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.

    I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).

    Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.





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  • REQUIRE_GC
    08-06 11:34 AM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats!!!!!!!!!!!!!!!!!



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  • Better_Days
    11-03 06:20 PM
    I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.

    But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)


    NOPE.

    Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

    Now nothing will get done, and they will have no reasons.

    Welcome to world of politics my friend :)





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  • nixstor
    12-07 10:18 AM
    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.

    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.



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  • manishcp
    10-03 11:26 AM
    To: All
    I have same thing "UNKNOWN"
    What are the steps are you guys taking to resolve this problem?





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  • chris
    12-31 04:11 PM
    Is your PD is current ? Goodluck any how.

    My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
    The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...

    Here is the online status on my case:

    Current Status: Case Transfered to Another Office for Processing

    On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.


    I guess its happening randomly though but does not mean anything.



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  • satishku_2000
    08-23 10:01 PM
    Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



    Memo accoring to murthy.com

    http://www.murthy.com/news/n_restim.html

    USCIS Clarification on Response Time for RFEs/NOIDs
    Posted Jun 22, 2007
    �MurthyDotCom
    The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
    �MurthyDotCom
    The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
    �MurthyDotCom
    TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
    �MurthyDotCom
    Missing or Incomplete Initial Evidence
    �MurthyDotCom
    According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
    �MurthyDotCom
    The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
    �MurthyDotCom
    I-539 Requests to Extend / Change Nonimmigrant Status
    �MurthyDotCom
    The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
    �MurthyDotCom
    OTHER TYPES OF RFE RESPONSES
    �MurthyDotCom
    Evidence Available within the U.S. : 42 Days
    �MurthyDotCom
    If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
    �MurthyDotCom
    Evidence to be Obtained from Abroad
    �MurthyDotCom
    If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
    �MurthyDotCom
    CONCLUSION
    �MurthyDotCom
    It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!





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  • dixie
    09-05 01:12 PM
    If you consider carefully, all the sponsors of SKIL whether its the house or the senate are republicans. Dems are pro-immigration in general, but they are more concerned about the illegals.Republicans on the other hand are anti-immigration in general, but pro-business; which roughly translates to pro-legal immigration. So by no means is SKIL a slum-dunk; if anything, CIR might come in for more favorable review by the dem-controlled house.Things will get interesting is all we can say.



    I would like to discuss two issues

    1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

    2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

    It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?





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  • axp817
    07-04 09:55 AM
    Why would doing anything legal have implications on becoming a citizen?

    And to answer your question, No, your owning a gun legally, has no implications whatsoever on getting your citizenship.

    There are many legal gun owners who don't even have their green card yet, and no, they are not going to face any problems during 485 approval either.

    Look through some of my old posts, and you'll find a thread with information on legal aliens owning guns in America, although a lot of the information on that thread pertains to non-immigrant aliens. You being a permanent resident, have it much easier. Go through that thread and if you still have questions, ask, and I'm sure you'll get an answer.

    Good luck, be a safe, responsible, and proud gun owner.





    anilsal
    08-06 01:05 AM
    Looking at , it appears that the FP happens around 45-60days after 485RD. I am not sure if I am right.





    pappu
    01-07 07:18 PM
    http://immigrationvoice.org/

    Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
    Contact your chapter leaders for various state chapter action items.



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