GC_SUCK
09-25 11:21 AM
Hi Chicago Desi,
When you think they will file your EB2 PERM? Are they done with advertisements etc?
I am in a similar situation. Sad things is, my employer's lawyer is also clueless on this. After the first f'ck up (filing EB3 instead of EB2), they are off to second one now in 2 months (refiling PERM in EB2). My i140 is approved based on the previously approved EB3 PERM. Lets see what happens.
When you think they will file your EB2 PERM? Are they done with advertisements etc?
I am in a similar situation. Sad things is, my employer's lawyer is also clueless on this. After the first f'ck up (filing EB3 instead of EB2), they are off to second one now in 2 months (refiling PERM in EB2). My i140 is approved based on the previously approved EB3 PERM. Lets see what happens.
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bostonian28
05-26 10:30 PM
We also were in the same boat EAD / AP / H-1 went to India, did not get our H-1s stamped, at the port of entry we were only asked for AP and finger prints were taken (good thing as now I have my finger prints current), Immigration officer looked at the valid H1 visa but did not do anything, I did not want to come back on EAD.
However looks like AP is the substitute for your H-1 B stamping in the passport.
Hope this helps.
However looks like AP is the substitute for your H-1 B stamping in the passport.
Hope this helps.
desi3933
03-14 09:30 AM
You can always add your spouse if your 'I485 date is current and your application has not been adjudicated' If your GC is approved also you can add your spouse up to 30 days.
>> If your GC is approved also you can add your spouse up to 30 days.
Incorrect
As long as she was married to you BEFORE your I-485 was approved, she can file I-485 (if in USA on her independent visa like H1/L1/F1) or follow-to-join in home country when your PD is current. There is no day limit here.
If she is in USA on dependent visa (H4/L2) and that becomes inactive once your I-485 is approved. In that case, she has 180 calendar days (under 245(k)) to file for I-485. Of course, PD needs to be current at the time of her I-485 filing.
_______________________
Not a legal advice.
US citizen of Indian origin
>> If your GC is approved also you can add your spouse up to 30 days.
Incorrect
As long as she was married to you BEFORE your I-485 was approved, she can file I-485 (if in USA on her independent visa like H1/L1/F1) or follow-to-join in home country when your PD is current. There is no day limit here.
If she is in USA on dependent visa (H4/L2) and that becomes inactive once your I-485 is approved. In that case, she has 180 calendar days (under 245(k)) to file for I-485. Of course, PD needs to be current at the time of her I-485 filing.
_______________________
Not a legal advice.
US citizen of Indian origin
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bijualex29
08-11 09:08 PM
It is necessary to investigate about refling is legal? What happend if they found the 2nd file, will they cancell the first one? It is stupid question I know, but we need to investigate this.
I searched under google with not much luck.
If any one is aware about the legal terms of refiling please post with reliable source, not forum.
I searched under google with not much luck.
If any one is aware about the legal terms of refiling please post with reliable source, not forum.
more...
munishgopi
10-03 10:34 AM
Same case signed by B Fisher 9:30 am.
485/AP/EAD filed on July 20, 07 - No checks cashed, no receipts so far :(
485/AP/EAD filed on July 20, 07 - No checks cashed, no receipts so far :(
eb2_mumbai
09-28 11:16 AM
Yes I agree its a combination of
1) FY2009 spillover that has shortened the 2004 EB2 numbers
2) Less anticipated demand from EB2 ROW due to bad economy
3) USCIS is now in a better position to predict since they have finally processes majority of July 2007 applications to accurately determine the demand.
4) Better co-ordination between USCIS & Department of State
5) Better co-ordination within USCIS itself.
Till 2008 USCIS had no clue about demand & Supply so they would have business as usual till last quarter and then if they found that there were large number of visa that were unused they would push the dates forward by 1 -2 years in order to consume them. After they went into Oct and realized there were large pending applications they would pull the dates back by 4 years so that no one calls and bothers them. But now with preadjudication they have a clear idea of how many approvable cases are piled up so there is better clarity and hope that visa bulletien will be more predictable. But then we are dealing with USCIS so anything is possible.
1) FY2009 spillover that has shortened the 2004 EB2 numbers
2) Less anticipated demand from EB2 ROW due to bad economy
3) USCIS is now in a better position to predict since they have finally processes majority of July 2007 applications to accurately determine the demand.
4) Better co-ordination between USCIS & Department of State
5) Better co-ordination within USCIS itself.
Till 2008 USCIS had no clue about demand & Supply so they would have business as usual till last quarter and then if they found that there were large number of visa that were unused they would push the dates forward by 1 -2 years in order to consume them. After they went into Oct and realized there were large pending applications they would pull the dates back by 4 years so that no one calls and bothers them. But now with preadjudication they have a clear idea of how many approvable cases are piled up so there is better clarity and hope that visa bulletien will be more predictable. But then we are dealing with USCIS so anything is possible.
more...
ilikekilo
03-27 08:07 AM
how can you say green card instead of EAD? I mean when you dont have a GC?
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seeking_GC
09-28 01:56 PM
Thats a good find. I was searching for the quarterly spillover reference myself.Since its the law, it would actually be illegal if the DOS did not follow this rule. Anything we can do to remind DOS that they need to do this? This need not be a long drawn out battle-all we are asking them to do is implement the law. Maybe we can ask AILA to help us in this??
How can we work with DOS to make Quarterly Spillover happen.
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Source :
Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)
If we workout a plan for this and make it happen, I am happy. Here are some good points
1. USCIS work load will be streamlined all the FY and avoid huge activity/workload in Sept
10.
2. If economy / job market continues like this, EB3I can see light not to mention the advantage to EB2I.
How can we work with DOS to make Quarterly Spillover happen.
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Source :
Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)
If we workout a plan for this and make it happen, I am happy. Here are some good points
1. USCIS work load will be streamlined all the FY and avoid huge activity/workload in Sept
10.
2. If economy / job market continues like this, EB3I can see light not to mention the advantage to EB2I.
more...
dealsnet
12-07 04:39 PM
You will get GC before 2020.
Updated everyhting now ..sorry
Updated everyhting now ..sorry
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z029556
08-14 10:54 PM
HI Guys,
I got an RFE for the photos even though I have E-Filed. I am not sure why they have requested for photos. I am done with Bio-metric appt and Have responded to the RFE with the photos today. Waiting for the response.
REgards
Vijay
I got an RFE for the photos even though I have E-Filed. I am not sure why they have requested for photos. I am done with Bio-metric appt and Have responded to the RFE with the photos today. Waiting for the response.
REgards
Vijay
more...
rockstart
02-04 08:09 AM
Does any one know the procedure for revoking I 140. Does the employer have to pay any fees to USCIS? I heard lots of companies never cancel H1B because they have to pay certain fees is it similar for 140 too?
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rrbraju
03-18 12:47 PM
This not possible 140 is at uscis and visas are issued by dos. This guy looks to be fraud or anti
more...
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desi3933
02-20 05:14 PM
I don't agree with Murthy's interpretation. Here is my take on this -
The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition. Changes requiring DOL and/or DHS notification include, but are not limited to changes in the hours worked, significant changes in job duties, changes in wages (other than regularly scheduled merit increases), and changes in location of position.
________________________
Not a legal advice
US citizen of Indian origin
The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition. Changes requiring DOL and/or DHS notification include, but are not limited to changes in the hours worked, significant changes in job duties, changes in wages (other than regularly scheduled merit increases), and changes in location of position.
________________________
Not a legal advice
US citizen of Indian origin
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coloniel60
08-11 06:40 PM
IMHO, this is INSANE. No wonder, USCIS is going to take FOREVER to even issue receipt notices. A concerning mistake on original submission is one story but to reapply just because no receipt was issued is another!
You call it insane and I call it USCIS stipidity. I sent my application on June 11th and I see people who mailed their applications last week of June getting recipt notices and I am still waiting fo rmy checks to be cashed.
They should follow FIFO atleast for issuing receipt notices. If they don't then I am sure few more folks will be mailing their 485 applications for the second time the coming week.
You call it insane and I call it USCIS stipidity. I sent my application on June 11th and I see people who mailed their applications last week of June getting recipt notices and I am still waiting fo rmy checks to be cashed.
They should follow FIFO atleast for issuing receipt notices. If they don't then I am sure few more folks will be mailing their 485 applications for the second time the coming week.
more...
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smsthss
07-18 02:48 PM
thanks for your reply gemini. What would be the fee for EAD only, if you plan to apply 485 now and EAD after 6 months. Is it the new fee or the old?? and if it is the new fee, then is it a one time fee or new fee every year while renewing??? Do you have any info on this??
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sunnymit
04-02 11:13 AM
So it looks like the process of not needing the road test is not specific to any DMV centers but is really tied to one declaring the possession of a foreign DL at the time of initial check. If the officer is convinced, then you won't have to give the road test
Also.. to whoever was afraid of getting another "untrained" driver on the road - guys, we love our lives too much to risk putting it in danger like that. She will definitely practice a lot before starting to drive officially and that will most probably also include taking some professional classes..
anyway.. thanks for your suggestions. Keep 'em coming unless there is nothing new to add...
Also.. to whoever was afraid of getting another "untrained" driver on the road - guys, we love our lives too much to risk putting it in danger like that. She will definitely practice a lot before starting to drive officially and that will most probably also include taking some professional classes..
anyway.. thanks for your suggestions. Keep 'em coming unless there is nothing new to add...
more...
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01-15 12:34 PM
bump
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bravenewgirl78
07-19 12:21 PM
I am interested in this rally. Where and when and i will be there.
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meda
08-23 07:36 AM
Same with me and my wife...On 08/21 we noticed a soft LUD on our 485 and hard LUD on our very first I-765 with status changed to Post Production. I thought it's a good sign. May be an IO is looking into our I-485 and as soon as our PD becomes current, they may issue the GC.
mhtanim
09-04 09:57 PM
I am sorry to hear what you are going through. Please read the following:
Question 4. Should I wait for the approval of my application for AP before I travel?
�MurthyDotCom
Under current regulations, an AP document cannot be granted to a person outside of the U.S. One hears about people who did not wait for the Advance Parole document to be issued and had someone send it to them while they were outside of the United States. This is not the accepted procedure, and if the person left without having AP or without having H1B, H-4, L-1 or L-2 status, s/he is deemed to have abandoned the I-485 Adjustment of Status application.
�MurthyDotCom
While there may be some people who were allowed reentry into the U.S., either in error or on humanitarian grounds, it is risky to depart before the AP is issued. There are provisions for situations in which a person has the AP and requests an extension prior to departure, then does not rely on the AP extension to reenter the U.S., but uses it for a future trip abroad. This situation is different from leaving without having AP at all.
Source: http://www.murthy.com/news/n_aostrv.html
Question 4. Should I wait for the approval of my application for AP before I travel?
�MurthyDotCom
Under current regulations, an AP document cannot be granted to a person outside of the U.S. One hears about people who did not wait for the Advance Parole document to be issued and had someone send it to them while they were outside of the United States. This is not the accepted procedure, and if the person left without having AP or without having H1B, H-4, L-1 or L-2 status, s/he is deemed to have abandoned the I-485 Adjustment of Status application.
�MurthyDotCom
While there may be some people who were allowed reentry into the U.S., either in error or on humanitarian grounds, it is risky to depart before the AP is issued. There are provisions for situations in which a person has the AP and requests an extension prior to departure, then does not rely on the AP extension to reenter the U.S., but uses it for a future trip abroad. This situation is different from leaving without having AP at all.
Source: http://www.murthy.com/news/n_aostrv.html
shaq
09-08 06:02 PM
Folks,
HOw long it took to get the response email after Service Request is opened ?? I opened one last week. Just wondering -- Thanks!!!!!
It took around 40 days
HOw long it took to get the response email after Service Request is opened ?? I opened one last week. Just wondering -- Thanks!!!!!
It took around 40 days