ck_b2001
07-17 07:37 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
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GCisLottery
11-02 10:35 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
ufo2002
09-01 06:02 PM
The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
Why bother with paperwork, wave some hands and declare all of them legal.
Why bother with paperwork, wave some hands and declare all of them legal.
2011 sad quotes on life and love.
espoir
06-21 05:56 AM
As per my understanding, once you have a receipt notice for EAD and/or AP, it will be processed completely. Approval/rejection of EAD/AP is NOT linked with visa number availability. Many are under the misconception that they won't get their EAD and AP if the PD dates move back.
Given the current and anticipated volume, one should expect delays in processing times.
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
Given the current and anticipated volume, one should expect delays in processing times.
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
more...
DSJ
06-01 01:25 PM
This news is going on for a while. It is a waste of time analyze same story from different website without facts (pending no's) and date of backlog clear.
Note we have already seen their commitment to clear labor backlog, which has been postponed several times.
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
Note we have already seen their commitment to clear labor backlog, which has been postponed several times.
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
njboy
09-25 05:27 PM
venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
more...
freakin_gc
02-01 12:25 PM
NSC,I know they are really pain in the ass...my wife recently completed her PHD...we are now seriously thinking about filing another I-140 in EB1 category at TSC. I believe they are much faster than NSC. Again we are not sure whether we can able to file another I-485
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
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gcseeker2002
05-13 10:41 AM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
more...
boreal
02-25 08:02 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
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BharatPremi
04-13 11:40 AM
What is this "Indian-American" animal? I still can not understand that term
Hello
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
Hello
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
more...
akilaakka
07-13 01:54 PM
Check law and Nirenr Joshi,
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
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desi3933
01-31 06:39 PM
hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?
There is no 6 months requirement. PERIOD.
As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).
____________________
Not a legal advice.
US Citizen of Indian Origin
There is no 6 months requirement. PERIOD.
As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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jay21
07-19 10:10 PM
hi, can the spouse travel outside after applying for I-485 but before getting the AP? Suppose during her stay abroad if the primary applicant's GC is approved? Her H4 will not be valid in that case. but can she use the visa waiver to gain entry back into the country? Will the receipt of I-485 help in anyway? thanx.
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Dj.Stigma
06-02 02:02 AM
My vote goes to Soul. Though all 3 wwws were very ugly and very user-unfriendly, Soul's 'beauty' (referring to his entry) was the one where i had to wait for the 'content' the longest time and it was very, very painful :hangover:
G... i mean Terrible job everyone ;-)
Peace
G... i mean Terrible job everyone ;-)
Peace
more...
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MahaBharatGC
10-16 03:03 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
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abhijitp
01-26 05:52 PM
I collected 7 letters yesterday by simply talking to people walking in & out of a grocery store. I wanted to see how it will be at the BART station and I am very encouraged by the response received yesterday. Most people (including GC holders and citizens) provided their names and addresses and signatures without hesitation.
The reasons for only 7 letters (could have collected 15):
1. I was on my own after all. When I was talking to someone a bunch of 3 walked out of the store and I could not do anything.
2. Heavy rains which prevented people from getting out in general.
My only worry now... if you guys in and around Fremont continue to look the other way, ignoring this call to your precious 1 hour on any ONE weekday evening, I might get only 200 letters... when you and I together could easily get 1000+ over 2 weeks!
The reasons for only 7 letters (could have collected 15):
1. I was on my own after all. When I was talking to someone a bunch of 3 walked out of the store and I could not do anything.
2. Heavy rains which prevented people from getting out in general.
My only worry now... if you guys in and around Fremont continue to look the other way, ignoring this call to your precious 1 hour on any ONE weekday evening, I might get only 200 letters... when you and I together could easily get 1000+ over 2 weeks!
more...
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txh1b
04-20 02:25 PM
Thanks for the reply.
We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.
I am also checking with the Attorney.
You can go to the closest international airport's CBP. USCIS local office cannot do anything about it. Only CBP can.
We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.
I am also checking with the Attorney.
You can go to the closest international airport's CBP. USCIS local office cannot do anything about it. Only CBP can.
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munnu77
04-06 10:56 PM
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
i agree immiration-law has not updated...
see cnn at 11 30 pm ET...
http://www.cnn.com/2006/POLITICS/04/06/immigration.ap/index.html
http://www.msnbc.msn.com/id/12184299/
http://www.foxnews.com/story/0,2933,190770,00.html
they update every half hr
i agree immiration-law has not updated...
see cnn at 11 30 pm ET...
http://www.cnn.com/2006/POLITICS/04/06/immigration.ap/index.html
http://www.msnbc.msn.com/id/12184299/
http://www.foxnews.com/story/0,2933,190770,00.html
they update every half hr
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GreenMe
07-21 11:51 AM
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
Liked the idea of sending copy of diploma ... but whats the message ???
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
Liked the idea of sending copy of diploma ... but whats the message ???
voldemar
03-20 01:08 PM
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves?
No, not mandatory.
Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.
No, not mandatory.
Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.
raysaikat
01-29 12:22 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
