senthil
02-07 08:48 AM
folks - this is what ive been told.
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
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BeCoolGuy
04-04 07:32 AM
Google search on Portability with I-140 in "Approvable" condition.
That is your solution, incase you have to change employers before I-140 and 485 are approved, with 180 days passed.
Goodluck
That is your solution, incase you have to change employers before I-140 and 485 are approved, with 180 days passed.
Goodluck
vnsriv
08-14 03:30 PM
Please update on who received their FP notices:
485 RD:
485 ND:
FP ND:
FP Date:
Got spouse's
485 RD:
485 ND:
FP ND:
FP Date:
Got spouse's
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nixstor
09-03 10:14 PM
It helps for the older PD's who were stuck in name check for many years.
They are collecting this for New visa # which are going to come in Oct.
So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.
Guru's any insights.
Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.
They are collecting this for New visa # which are going to come in Oct.
So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.
Guru's any insights.
Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.
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saibaba
10-01 11:28 AM
Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
akhilmahajan
10-31 09:00 AM
4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.
So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.
Pappu,
Thanks a lot for bringing it up.
The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"
Folks come on, lets do something about this situation.
GO IV GO.
TOGETHER WE CAN.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.
So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.
Pappu,
Thanks a lot for bringing it up.
The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"
Folks come on, lets do something about this situation.
GO IV GO.
TOGETHER WE CAN.
more...
psaxena
02-20 07:32 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
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shirish
02-05 01:34 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.
more...
abracadabra102
07-21 10:57 AM
LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.
I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.
They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.
I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.
They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.
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sankar_203
04-01 04:54 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
more...
logiclife
06-09 11:06 AM
Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.
I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.
I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.
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Sakthisagar
04-28 10:05 AM
I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
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02-24 03:10 PM
In 2-3 weeks span..
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jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
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sury
10-29 06:20 AM
I haven't applied yet. I don't know if I can apply for kid or not.
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waiting4gc02
03-06 01:41 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
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LostInGCProcess
07-25 02:19 AM
Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?
Please suggest.
Thanks
-M
It would be nice if your friend becomes a member of IV and ask the questions himself and be part of the whole immigration process...instead of asking you to post those questions and act as a middleman.
There are so many valuable members in IV community who can give great suggestions. First hand information is always better then passing thru a middle layer...just my opinion.
Cheers
Please suggest.
Thanks
-M
It would be nice if your friend becomes a member of IV and ask the questions himself and be part of the whole immigration process...instead of asking you to post those questions and act as a middleman.
There are so many valuable members in IV community who can give great suggestions. First hand information is always better then passing thru a middle layer...just my opinion.
Cheers
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gcformeornot
05-21 04:30 PM
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sky7
07-26 11:17 AM
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
perm2gc
12-03 04:30 PM
hello all,
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
It will take 2 weeks once you submit all the documents.
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
It will take 2 weeks once you submit all the documents.
rock
03-14 06:01 PM
Is there any way we can track that I-140 is either revoked or not by the old employer?
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