gnrajagopal
08-19 02:15 AM
Does your welcome letter/approval say anything about ADIT process?. thanks
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
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GCBy3000
07-18 04:46 PM
This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
GCNaseeb
10-17 11:03 PM
What's going on?
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jkm2282
01-07 09:06 PM
Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?
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panky72
06-25 05:07 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
gsc999
07-11 01:34 AM
Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
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nashorn
12-18 01:43 PM
You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.
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gcchaahiyey
04-07 03:53 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
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authrd
07-26 01:25 PM
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
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sunny1000
10-10 01:35 AM
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
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pagalForGC
06-17 12:43 PM
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
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roseball
05-04 04:34 PM
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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gunabcd
07-16 02:30 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.
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desiron
08-08 08:29 PM
Hi,
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
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lacrossegc
08-10 07:29 PM
both you and your wife should be in US to file for AOS
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desi3933
01-14 10:57 AM
http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf
__________________
Not a legal advice.
__________________
Not a legal advice.
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dingudi
11-08 01:22 PM
our notice date on receipt is Sept 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
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illinois_alum
03-05 09:11 PM
your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional
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h1techSlave
04-23 05:26 PM
Can you be a little more specific on what you are doing?
If you don't want to publish it in this open forum, please send me a PM.
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
If you don't want to publish it in this open forum, please send me a PM.
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
prem_goel
06-12 05:00 PM
i got an rfe too. I think its sent to both the attorney and the applicant. They said they mailed the RFE yesterday, so hopefully by early next week I should have it. I am guessing its employment verification due to me filing change-of-address. i know for sure that my ex-employer did not revoke 140.
Robert Kumar
02-26 11:31 AM
What happens if premium processing is done at this stage.
Will premium be allowed in the 1st place, through:
1. Same company.
2. Different company.
Will premium be allowed in the 1st place, through:
1. Same company.
2. Different company.
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