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  • desidude
    07-22 09:47 AM
    My attorney asked me to put A# as N/A. I assume, N/A is applicable to all h1b holders. Make sure, you write the correct I-94#, otherwise they might reject/send back your application because of improper information. I think, it is not appropriate to give A# from your OPT card.


    Hello,

    I have a couple of questions here:

    1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?

    2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??

    Thanks in advance for all the replies.





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  • GCBy3000
    02-12 02:36 PM
    If you have approved labor and 140, why you want to file EB2 perm?

    1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

    2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

    Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.

    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.





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  • wanaparthy
    03-24 05:30 PM
    How come h1 transfer gives me the solution?

    do you mean to say goto any employer whoever gets job?





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  • meridiani.planum
    05-05 12:26 AM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?

    rejected. Meaning they will return it with your filing fees:

    http://www.immigration-law.com/Archive%20XVI.html
    02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD

    * We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees



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  • nav_kri
    06-15 08:48 PM
    EVL = Employment Verification Letter

    Usually the employer provides a letter on their letter head that the person is currently employed with them as XYZ. I usually get one before traveling outside US so that I can show it to IO in case they ask for it as proof of continued employment.





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  • gcdreamer05
    11-19 02:06 PM
    This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.

    Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.



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  • subba
    02-27 06:57 AM
    Just an update from my front, for the info of anyone else in a similar boat.

    Consulate issued me a stamp to 4/30/2010.
    I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.



    Here is my situation:
    Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
    Have another 3 year extension approval ie., 5/1/2007-4/30/2010.

    Will be travelling to canada on Feb 22nd for visa stamping.

    Few qns:
    1) Will the consulate issue me a visa all they way to 4/30/2010?
    If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?

    2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.

    Anyone have any experience with a similar situation?
    Your help will be appreciated.





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  • vparam
    10-29 12:18 PM
    You should be able to re-submit with and approapirte letter from your attonrey
    it is not rejected just sent back to correctthe erroe :-)



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  • nozerd
    01-15 01:34 PM
    Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.

    1) Pension that is available every month for life.

    2) Free treatment at Army Hospitals.

    3) Subsidised cost at Military Canteen facilities for provisions etc.





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  • hpandey
    06-25 01:27 PM
    you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.

    He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .

    I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.



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  • desi3933
    06-13 08:22 AM
    PD is always LC filing date.
    Incorrect. It is not always.
    In most cases, LC filing date is the Priority Date.
    A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.

    He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
    Incorrect.
    There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.

    There might be a little risk if the old one he got was a substituted one.

    .





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  • GC_1000Watt
    10-12 09:58 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.

    Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?



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  • champu
    03-04 04:32 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra

    Do you mind booking all the URLs you have mentioned and redirecting it to IV. Thanks





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  • validIV
    03-25 01:49 PM
    How come you are being paid if you are unemployed?



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  • roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.





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  • chakrijs
    02-15 01:07 AM
    Hello All

    I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.



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  • mrane1
    05-16 03:05 AM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    I got my GC in 2007... Both me and my wifes PD was aug 03... After 2 infopass appointments and a 1000 letters to president, senators and their chaprasis we gave up. She was current for most of this period. Then last month the GC was in the mail... just like that. So based on my experience, just sit back and relax... If its your wifes desitny to get it then she will.. :D

    And here is a big joke... During my second infopass the officer said my wifes application had no connecting primary and a derivative cannot be approved on its own. I told him that the primary (mine) was approved over a year back. He said they must have moved your application... I immediately pictured a govt office in India with milions of files stored in the shelves... Long story short he took a copy of my GC and my 485 notice and said it was very strange and that my wife would receive her GC in the next 2 weeks... Nothing obviously happened after that!





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  • smartboy75
    06-27 12:41 PM
    Hi All

    Just came accross the following information as posted by the uscis latest newsletter...

    If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

    source: Latest USCIS Monthly Newsletter
    Link available via www.immigration-law.com

    Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???





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  • sayantan76
    07-30 06:25 PM
    I got the following email alert today from USCIS:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On July 28, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.


    Does it mean my GC is approved or is there any other step - what is this ADIT processing?

    Anyways - for statistics purposes....my I140+485 was filed concurrently in Dec'2006. 140 was approved last week. FP was scheduled for Jan 2'2006 - I could not make it on that date - got FP done in mid Feb'06. EAD and AP came in Feb'06.





    fullerene
    07-17 06:11 PM
    We shall continue our work by writing letters to lawmakers.
    They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
    They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
    They shall revise the current Name Check procedure so the process can be done predictably.
    They shall increase visa number cap and soften the country limits.
    They shall pass SKILL BILL...

    We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.





    Abhinaym
    09-12 12:57 PM
    Lets start IV wiki then....
    and people here who are going through the process can contribute to it first hand.... coupled with moderation form admins.

    What say IVians?

    That sounds like a solid idea! We should be able to edit existing and new wikipedia entries showing our woes.

    Of course, we'll have to write it so that the text appears balanced and unbiased.

    Once again, this will show strength in numbers. BTW, how will moderation from admins work? This will have to be group work, with constant refinement.



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