Funky_Monkey
09-10 11:32 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
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EndlessWait
06-03 07:31 AM
Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!
leoindiano
08-01 03:06 PM
these 4 are already there, Looks like some consulting company duped USCIS and Obama...
* A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
entering all your cases under one login, this is already there....
* Simplified navigation and improved search capability.
this may be new
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
email and text, this is there already, what they really improved...
* Information that is written clearly and meets the needs of our customers.
we have to wait and see..
* A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
entering all your cases under one login, this is already there....
* Simplified navigation and improved search capability.
this may be new
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
email and text, this is there already, what they really improved...
* Information that is written clearly and meets the needs of our customers.
we have to wait and see..
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gauravsh
03-28 12:26 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
more...
radhagd
01-04 09:52 AM
yes ns007 is right. It's the best advise.
kaisersose
07-17 10:44 PM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
more...
kondur_007
09-18 09:50 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
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styrum
06-01 06:20 PM
Because the PDs are valid for the whole month I guess the date of filing should not matter it as long as it is before 30th June, I think.
Do you think it does affect us in some way?
I heard from a lawyer today that after the July bulletin gets published USCIS can easily (doesn't neccessarily mean they will) return those 485s for which PD turns out to be not current anymore if they were received after the July bulletin (and if priority dates retrogress again, of course)
Do you think it does affect us in some way?
I heard from a lawyer today that after the July bulletin gets published USCIS can easily (doesn't neccessarily mean they will) return those 485s for which PD turns out to be not current anymore if they were received after the July bulletin (and if priority dates retrogress again, of course)
more...
flyingninja
11-02 11:12 AM
In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.
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Michael chertoff
05-14 10:01 AM
Silver Spring
more...
myimmiv
02-25 02:48 PM
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
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Rsamuga
07-24 04:31 PM
Hi -
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
more...
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santa123
06-08 01:03 AM
I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.
My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
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sparky_jones
06-08 10:48 AM
Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.
Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.
more...
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rock581
07-18 09:08 AM
Great replies. Thank you all.
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
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a_yaja
07-24 01:47 PM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".
more...
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paulcao1978
01-20 10:56 PM
I trust IV core members 99% for their efforts. But the remaining 1% does not come from the fear that IV is corrupt financially. It comes from the lack of information. If IV does not let the members know about their plans, how many members do the core expect to trust them and make an almost blind contribution? I suggest that members who want to contribute do the following.
1. pick up your phone and get ready to contribute.
2. call IV and during the call, contribute.
3. verify with IV that you are not a spy by giving your detailed information.
4. IV email you or mail you the ongoing plan.
:)
:)
As for the state chapter, I don't think IV should push for it in the near future. It will take a long time to build the grassroots. It won't be done in this year, in my opinion.
--------------------------------
$20/month.
1. pick up your phone and get ready to contribute.
2. call IV and during the call, contribute.
3. verify with IV that you are not a spy by giving your detailed information.
4. IV email you or mail you the ongoing plan.
:)
:)
As for the state chapter, I don't think IV should push for it in the near future. It will take a long time to build the grassroots. It won't be done in this year, in my opinion.
--------------------------------
$20/month.
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mhtanim
09-16 08:59 PM
July 9th Filer. Application originally sent to NSC. Got transferred to CSC. CSC I-485 receipt notice shows Receipt Date as July 9th. However, last week CSC transferred I-485 to NSC. The I-485 transfer notice (issued by CSC as well) shows "Receipt Notice: September 12".
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ssingh92
12-30 08:52 PM
If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.
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 .
anilsal
11-06 10:59 AM
PIO card is valid for 15 years. Every time, your child gets a new passport (read 5 years), you need to get an entry in the PIO card. So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.
It certainly does not make sense to deny OCI for a child whose parents are Indian nationals.
Look at Q.32 of
http://chicago.indianconsulate.com/OCI%20FAQs.htm
I am sure that if this new rule for OCI is going to stand for a long time, then they will request the people who got their OCI stamps to replace it with PIO cards (think of the 20 year passports that were issued first and then need to be replaced).
It certainly does not make sense to deny OCI for a child whose parents are Indian nationals.
Look at Q.32 of
http://chicago.indianconsulate.com/OCI%20FAQs.htm
I am sure that if this new rule for OCI is going to stand for a long time, then they will request the people who got their OCI stamps to replace it with PIO cards (think of the 20 year passports that were issued first and then need to be replaced).
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