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rajenk

08-14 05:18 PM

Thank you all.

Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

Thanks
Raj

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murali77

06-16 12:30 AM

Dear Friends

I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.

Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.

Any suggestions.

Thanks
Murali

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rajenk

08-18 02:31 AM

Hello All,

The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?

1. What could be done if my wife's application was lost by USCIS?

2. What are the chances that I can re-file my wife's application again?

Please answer.

Thanks
Raj

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zCool

03-29 01:13 PM

This is called RFE. If it's the "BIG RFE"
they are nowadays asking for pretty much EVERY SINGLE PIECE of RECORD for past 3 yrs.
All wage reports for ALL Employees, W2s for All employees, Client letters,
Tax returns and whatever else they can think of. If you've gotten one of those BIG RFEs . then it may take some time

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mundada

11-08 12:56 PM

Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.

I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.

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eilsoe

10-03 01:31 PM

neither do I...

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sansas

01-21 04:19 AM

rumour say retrogression may lift on march 2009, is it true????

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lord_labaku

11-17 12:04 PM

Yes. layoffs and labor certs dont mix well. esp. if an american or GC holder worker with the same position as u is laid off.

It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.

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kartikiran

07-31 02:12 PM

u guyz r funny.
:)
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"

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Queen Josephine

June 20th, 2005, 02:45 PM

Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

I'll post it tonight when I get home from work.

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sash

06-19 09:33 PM

Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?

Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?

Thanks so much.

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smisachu

12-13 03:59 PM

Another thing is whay do you want to get into EB2???:confused::confused:
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:

Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.

I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.

As a research assistance, biostatistician, research analyst..

Could I apply as EB2 ?
Am I qualifed?

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a_yaja

10-05 07:14 PM

Hi
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.

Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V

EAD = Employment Authorization Document. The only restriction it has (for I-485 applicants atleast) is that you I-485 is still pending. If your I-485 is denied/ approved then EAD is no longer valid.

There is no restriction for what the EAD can be used for as long as it is legal work. Not sure why you think there is a restriction on the kind of work you can do with an EAD.

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canleo98

08-09 02:40 PM

My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.

Here it is

Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

And here is what OH says in his breaking news for July 24th after this memo

0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.

You should ask your lawyer to get an amendment. I read here yday somebody doing that.

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sunny1000

01-02 04:59 PM

My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

Pria

Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

Below is the link for Advance Parole:

USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)

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seeking_GC

08-10 02:30 AM

update on my case after I posted...

I called up my previous HR contact from my old company ( I have moved employers using AC21 after getting my EAD ) and she said that the old company was revoking older I140s as their newer ones were getting rejected due to the fact that there were too many I140s already filed by the company.She wasnt sure if my I140 was also revoked.

I spoke to my lawyer and she mentioned that there should be no impact on my case since I moved after my 140 was approved and my 485 was pending for more than 6 months as per AC21 rules.

I also called up USCIS customer service and the lady mentioned that my 485 is pre-adjudicated.

...Now I am not sure if the I140 revocation by my previous company would have any impact on the preadjudicated status of my 485 app. I plan to take a infopass appointment and see if that helps. Will provide updates after my infopass appointment...

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suriajay12

05-07 07:31 AM

ganguteli,

there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

It works more easily the other way. If IV core endorses and supports a rally, then the numbers build up. If you dont start a campaign type of thread, where will the numbers come from. They will scatter here and there. Isnt that the case now.

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dotsndots

05-06 02:55 AM

Folks,

I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. 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, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?

Just get ready for an in person interview at local office.

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a_yaja

10-05 11:07 PM

yep .. that was my thinking.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?

I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.

Leo07

12-03 04:44 PM

DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.

While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.

Why do we need Recapture more than DREAM ACT or with DREAM ACT?

What makes recapture an important issue as mush as DREAM ACT issue?

Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?

GC_1000Watt

03-23 04:02 PM

Hi Travellertvr! Since your extension came with a new I-94, your problems are solved automatically. There is no need for you to go out of country and come back either. As of now you are a legal resident here period.
Enjoy!!!

Robin Williams

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