larmani
04-29 01:50 PM
Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.
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s_r_e_e
08-14 12:07 PM
Easy...
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
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go_guy123
09-15 12:52 PM
Hi All,
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.
more...
martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
satishku_2000
06-15 11:08 PM
Dude i think you have WAYYYY overestimated the processing times!!
I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...
The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...
If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D
This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..
"Glad to hear.
but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?
I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"
Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response
"well that's cool then. :-)
glad to hear.
So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
:-)
Just wondering if you'll have any sanity left by the end of that time.
"
I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...
The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...
If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D
This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..
"Glad to hear.
but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?
I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"
Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response
"well that's cool then. :-)
glad to hear.
So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
:-)
Just wondering if you'll have any sanity left by the end of that time.
"
more...
GC4US
07-18 04:47 PM
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
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coopheal
04-12 07:17 PM
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
This is correct. Only your attorney will get the RFE.
This is correct. Only your attorney will get the RFE.
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GCwaitforever
03-07 04:28 PM
I saw something like April 30th of this year. Please post your comments opposing this fee increase.
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mihird
05-21 10:49 PM
I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
more...
GCAmigo
08-03 12:21 PM
FIFO - FirstInFirstOut & LIFO - LastInFirstOut
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
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mirage
07-16 11:32 PM
They are all liars. Everybody on the hill knows H1B pays all kind of taxes. It's not worth wasting time in correcting somebody who's not ignorent but telling lies, same is true with Lou Dubbs
more...
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RandyK
10-02 03:06 PM
If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
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xu1
08-08 09:49 PM
I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.
And I'm more sorry to say: you haven't helped a single bit in your wait, wait and wait and more..
IV is doing all it can to organize a grassroot effort. Yes, the CIR probably have failled but then an organization by its pure belief and dedication to its own cause has demonstrated that we can help shape the law in the democracy. And by the time I become a US citizen, the time I spent watching how IV grows will help me become an effective participant in the democratic world of free market and capitalism.
God helps those who help themselves. Yes, in the end you may as well get your GC just most others here do. Let me simply end my displeasure reading your negativity with a good will: i hope the DOL, USCIS and the bureaucracy will take care of your GC dream.
And I'm more sorry to say: you haven't helped a single bit in your wait, wait and wait and more..
IV is doing all it can to organize a grassroot effort. Yes, the CIR probably have failled but then an organization by its pure belief and dedication to its own cause has demonstrated that we can help shape the law in the democracy. And by the time I become a US citizen, the time I spent watching how IV grows will help me become an effective participant in the democratic world of free market and capitalism.
God helps those who help themselves. Yes, in the end you may as well get your GC just most others here do. Let me simply end my displeasure reading your negativity with a good will: i hope the DOL, USCIS and the bureaucracy will take care of your GC dream.
more...
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xbohdpukc
03-05 02:57 PM
I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.
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leoindiano
09-15 11:53 AM
Great Idea...
I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.
I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.
more...
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yabadaba
12-21 08:22 AM
ok that makes sense.
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HRPRO
03-07 12:32 PM
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
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lj_rr
09-01 12:31 PM
It will be good if someone can provide the exact steps.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
GCNaseeb
08-08 04:25 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
pandu_hawaldar
09-09 01:04 PM
looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?
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