bharol
07-11 04:38 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
What is LUD?
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
What is LUD?
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voldemar
06-27 11:53 AM
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
10dulkar
02-28 07:18 AM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
what is your PD, catagory and country please?
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
what is your PD, catagory and country please?
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acecupid
08-05 09:39 PM
http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/uscisdotgov_mockup_28july09.ai.pdf
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WAIT_FOR_EVER_GC
07-30 08:51 AM
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
Leave them ted, they will never understand
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
Leave them ted, they will never understand
manand24
08-03 12:20 PM
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.
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mariner5555
01-15 06:51 AM
if you want networking and be independent then you can join Amway :D.
am joking ofcourse
am joking ofcourse
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vin13
03-16 01:00 PM
I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.
During processing if they have any questions, they could issue a RFE.
During processing if they have any questions, they could issue a RFE.
more...
Berkeleybee
05-30 02:31 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
Asian,
Not sure what you are getting at here.
The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2
Berkeleybee
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
Asian,
Not sure what you are getting at here.
The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2
Berkeleybee
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villamonte6100
10-15 10:03 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
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karn.anand
11-02 07:32 AM
i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838
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raysaikat
07-10 07:17 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
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shruthii_1210@yahoo.com
09-30 12:37 PM
1) If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik
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go_guy123
02-23 10:57 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.
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gmb
03-10 12:35 AM
You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.
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milind70
07-26 09:39 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
more...
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texcan
03-03 11:37 PM
hi all,
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
this is final stage of processing, get ready for GC stamp on passport.
Good luck.
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
this is final stage of processing, get ready for GC stamp on passport.
Good luck.
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neeidd
11-09 06:06 PM
Hi ,
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
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Ramba
08-07 03:44 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
sweet_jungle
10-13 01:47 AM
Myself and my wife were discussing on this and there are also some contradicting results from the vaccine.So a vaccine no long enough in the market , whose resukts not yet agreed completely by all the doctors shud not be mandated for anyone ,not just immigrants.
lets start a signature camapign to oppose this. even though it affects only some people (does not effect me, for example), we need to register protest to send an answer to uscis that they cannot do whatever they like.
lets start a signature camapign to oppose this. even though it affects only some people (does not effect me, for example), we need to register protest to send an answer to uscis that they cannot do whatever they like.
thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
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