GCSOON-Ihope
06-14 04:57 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
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sixburgh
06-28 03:44 PM
I am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
gcwait2007
12-06 06:43 PM
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
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lostinbeta
10-04 12:18 AM
I use the rectangle marquee tool. I guess it all depends on personal preference. If you use the rectangle shape tool you will have to right click on the layer and hit "Rasterize Layer" to be able to edit the object.
If you use the marquee tool you just have to fill it with paint and everything is set.
Not to mention, if you use the shape tool, it automatically creates the shape on a new layer, but if you use the marquee tool, your fill color will end up on the layer you currently have selected.
Let me know how everything goes :)
If you use the marquee tool you just have to fill it with paint and everything is set.
Not to mention, if you use the shape tool, it automatically creates the shape on a new layer, but if you use the marquee tool, your fill color will end up on the layer you currently have selected.
Let me know how everything goes :)
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aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
rockstart
04-23 04:17 PM
Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.
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vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
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vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
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Munna Bhai
05-08 02:07 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
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ilovestirfries
09-27 06:42 PM
1. My EAD application status at USCIS website got changed to,
Current Status: Approval notice sent.
this morning. My heartfelt thanks to ImmigrationVoice activists for this.
My spouse's EAD application status still shows as,
Current Status: Case received and pending.
In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?
2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.
Any information would be helpful.
Thanks,
Current Status: Approval notice sent.
this morning. My heartfelt thanks to ImmigrationVoice activists for this.
My spouse's EAD application status still shows as,
Current Status: Case received and pending.
In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?
2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.
Any information would be helpful.
Thanks,
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ilikekilo
07-25 01:29 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
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kondur_007
08-21 06:28 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
more...
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rkat
08-16 11:20 PM
Thanks a lot everybody for spending ur valuable time replying to my Queries.!
I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?
Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..
So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!
So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??
X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!
How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!
I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?
Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..
So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!
So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??
X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!
How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!
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vijse
12-14 08:20 PM
I just realised that there is the wrong expiration date on my i-94 when I came back from a visit to India in Feb 2006.
The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.
My visa in my passport has also expired in April 2006.
My company is filing for 1485 and the lawyer just noticed it .
What are my options ?
The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.
My visa in my passport has also expired in April 2006.
My company is filing for 1485 and the lawyer just noticed it .
What are my options ?
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dpp
06-28 02:50 PM
I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
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Madhuri
02-19 04:58 PM
I came back on Feb 17th from India.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
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hmehta
07-14 10:32 AM
Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)
My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.
I would ask you guys to consider filing especially if your PD is in 2005 or later.
My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.
I would ask you guys to consider filing especially if your PD is in 2005 or later.
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shivarajan
04-04 03:06 PM
Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.
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rajuram
06-06 09:32 AM
I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India
Did you see any LUDs in the recent past?
Did you see any LUDs in the recent past?
gdhiren
05-08 10:24 AM
There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.
simple1
05-11 02:20 PM
I already did, thanks.
Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.
This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.
This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.