ravi_hyd
10-26 10:53 PM
RD Texas: 3rd Aug
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
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roseball
03-24 07:39 PM
If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....
kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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rajabeta
08-02 04:35 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
more...
Aah_GC
08-17 06:34 PM
Titles do matter as they are the first ones to catch the eye. To me it appears you are moving from a PM position to a tech specialist position (at least on paper) and you might have some problems there. If possible, try to request for a title with "manager" in it. If that is impossible, try to go by matching SOC code. Does your prospective employer have a legal immigration team to help out?
GCHope2011
09-12 11:01 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
more...
casinoroyale
10-02 10:11 AM
Understood.
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
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Hewa
06-08 10:33 AM
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
more...
kanakabyraju
07-16 12:10 PM
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
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lostinbeta
10-23 12:37 PM
Wow... thats some memory you have there Kit.
Did you ever see the hidden scene with Lucrecia? (you need to have vincent in your party)
Did you ever see the hidden scene with Lucrecia? (you need to have vincent in your party)
more...
ItIsNotFunny
01-16 11:31 AM
I voted. Please do it now.
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p_kumar
12-20 02:08 PM
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D
more...
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nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
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subba
05-30 02:29 PM
People have started saying they would be happy to get GC in 5-10 years.
more...
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gjoe
01-30 06:19 PM
Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.
Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?
1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?
I know there are trackers, but I find them all confusing!
Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!
(or send me a private message if easier, thanks!)
Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?
1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?
I know there are trackers, but I find them all confusing!
Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!
(or send me a private message if easier, thanks!)
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madanreddy
03-14 01:55 PM
Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.
What are my options? I am in status?
Thanks for your advice.
What are my options? I am in status?
Thanks for your advice.
more...
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srarao
07-23 12:26 PM
It does not matter who signs . I just wanted to know .
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Eb3_frustrated
03-17 11:14 AM
Junoo,
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
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digital2k
08-03 06:30 PM
*
smiledoc
02-27 06:28 PM
Hi friends,
We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.
Thanks!
We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.
Thanks!
ajm
06-24 07:06 PM
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
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