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nozerd
01-20 11:51 AM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
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USDream2Dust
09-24 02:14 PM
Recently I heard about RFE on medicals for some of my friends. All of them who got RFE on medicals, entered US using AP.
Do you had any travel outside US and used AP to enter?
I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
Got RFE for both of us.
Could be. Nice Find.
Do you had any travel outside US and used AP to enter?
I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
Got RFE for both of us.
Could be. Nice Find.
gaz
02-04 01:11 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.
As for the I129 - my lawyer added no such stamps or certification.
Please do check with your lawyer also. Also, try calling the US consulate.
Good luck.
I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.
As for the I129 - my lawyer added no such stamps or certification.
Please do check with your lawyer also. Also, try calling the US consulate.
Good luck.
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sekhar123
04-26 11:59 AM
Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.
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vaishnavilakshmi
07-10 02:54 AM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
samu
04-11 10:20 AM
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
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Jaime
09-05 05:24 PM
Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
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vin13
10-26 05:48 PM
What you think , doesn't matter.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
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stillhowlong
01-17 01:08 PM
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
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calboy78
08-18 10:45 PM
Sorry to hear about this.
This is so ridiculous - I have had friends who had degree in metallurgy and they successfully got their h1 and even green card :mad:
This is so ridiculous - I have had friends who had degree in metallurgy and they successfully got their h1 and even green card :mad:
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immm
07-13 01:35 PM
I think it is in the best interest of ImmigrationVoice and its members that offensive and derogatory messages be deleted/banned as they serve to harm the group as a whole.
However, the statement quoted below, if used out of context, will serve to be just as detrimental to ImmigrationVoice and its members because Free speech is the hallmark of this great country.
I would recommend that this statement be rephrased to say that while ImmigrationVoice champions the free speech, it is in the best interest of its members that the offensive posts be censored :
Immigration Voice neither promises nor practices "Free speech" and "First amendment rights"
However, the statement quoted below, if used out of context, will serve to be just as detrimental to ImmigrationVoice and its members because Free speech is the hallmark of this great country.
I would recommend that this statement be rephrased to say that while ImmigrationVoice champions the free speech, it is in the best interest of its members that the offensive posts be censored :
Immigration Voice neither promises nor practices "Free speech" and "First amendment rights"
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waitforgc1
04-23 01:25 PM
so if we change the address online.. do we need to verify the address by taking infopass
appointment ??
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unbreakable
03-17 09:45 AM
All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
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chanduv23
04-27 02:58 PM
you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
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piyu7444
03-26 02:58 PM
We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
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inskrish
08-12 03:30 PM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:
According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.
Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.
Again, it is just based on my personal observation.:)
Regards,
IK
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:
According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.
Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.
Again, it is just based on my personal observation.:)
Regards,
IK
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LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
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needhelp!
02-11 03:49 PM
try media fire
It worked before...I had uploaded in the NY/NJ yahoo user group. Did someone delete it from there ? Not sure. Anoone know of free sites where I can upload the files ?
It worked before...I had uploaded in the NY/NJ yahoo user group. Did someone delete it from there ? Not sure. Anoone know of free sites where I can upload the files ?
vamsi_poondla
03-22 09:47 PM
Thank you for your replies. I will try and see.
sammas
07-14 12:36 PM
Please look at the text below
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.
Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.
Hope this helps.
Note : I am not an attorney, please make sure to take legal advice.
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.
Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.
Hope this helps.
Note : I am not an attorney, please make sure to take legal advice.
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