coolgc
05-08 01:41 PM
Gurus,
My PD is 2006 (EB2-India). I have approved I-140 under eb2 category. My wife is in AOS status. I am planning to file new I-140 under EB1 (for which I am qualified). If for some reason, my I-140(EB1) gets denied, will that affect my I-485 under EB2? Please share your thoughts.
Thank you and appreciate your reply.
My PD is 2006 (EB2-India). I have approved I-140 under eb2 category. My wife is in AOS status. I am planning to file new I-140 under EB1 (for which I am qualified). If for some reason, my I-140(EB1) gets denied, will that affect my I-485 under EB2? Please share your thoughts.
Thank you and appreciate your reply.
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f_b_2007
07-19 12:38 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Oops! ;-) yeah... dont think NBC will care much about my EAD :D
And yes.. i want to get EAD asap! ... I read it starts counting from the moment it gets to NSC.. but different versions abound..
tnx.
PS: I know its a typo, so just kidding here..
Oops! ;-) yeah... dont think NBC will care much about my EAD :D
And yes.. i want to get EAD asap! ... I read it starts counting from the moment it gets to NSC.. but different versions abound..
tnx.
mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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superdude
07-18 12:13 AM
Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
more...
prasadn
03-16 08:50 PM
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
bsbawa10
09-10 12:32 PM
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
1. Earthquakes
2. Shooting stars and
3. USCIS
more...
gcdreamer05
10-22 06:59 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
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wanaparthy
03-26 09:28 PM
Yes , joydiptac
Iam not playing around, iam in a situation which is :confused:
But not intent to bother anyone here...
I realised after few Qtns from validIV, That this is not right to place my Qtn.
I will make the correct Qtn and put in right place.
Thanks
Iam not playing around, iam in a situation which is :confused:
But not intent to bother anyone here...
I realised after few Qtns from validIV, That this is not right to place my Qtn.
I will make the correct Qtn and put in right place.
Thanks
more...
Widget
07-11 12:44 PM
It is very clear that he did not want to give an answer about what is his plans for the legal immigrants. Seems that they do not care about us, HR 4437 is not for us, it is foe puplicity and Novemebr elections only. This is the way I see it.
Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
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izolo
06-04 02:11 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
abhisam
01-08 12:03 PM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
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indyanguy
06-07 03:08 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
more...
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smudunuri
08-07 03:16 PM
The Story Thus far:
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
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kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
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dionysus
03-18 02:32 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
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satishku_2000
05-04 11:53 AM
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
Hey
whats your filing date and when did you get REF? Is it EB2 or EB3?
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
Hey
whats your filing date and when did you get REF? Is it EB2 or EB3?
more...
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HRPRO
02-09 01:31 PM
You will have to file an amended petition to be in compliance.
The PW could be different and you can check that on the OES website at flcdatacenter.com
Hope this helps.
The PW could be different and you can check that on the OES website at flcdatacenter.com
Hope this helps.
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crystal
08-25 06:39 PM
If u want to, you can apply for H1 extension as ur labor is more than year old. You will get one year h1-b extension, as ur I-140 is not approved yet. With approved I-140 u would get 3 year extension
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GCnew
06-13 03:30 PM
I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).
My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
YesWeWillGet
09-13 06:45 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
GCard_Dream
09-10 12:54 PM
The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
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