tabletpc
06-11 02:00 PM
U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.
Premium Processing Service offers 15 calendar-day processing for designated
read more here...
http://www.uscis.gov/portal/site/uscis
Premium Processing Service offers 15 calendar-day processing for designated
read more here...
http://www.uscis.gov/portal/site/uscis
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gaz
04-23 09:33 AM
why not just a tracker? its something that will be needed until the gc is approved - and is a recurring question. the tracker could also provide stats about current approval rate etc.
I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.
I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.
ocpmachine
06-15 05:09 PM
I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.
Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.
Any ideas for those who got RFE for medical?
I too got RFE for medical forms. My attorney asked me to get the medical exam redone as USCIS updated the medical exam requirements in 2008, now doctor has to include the x-ray report along with I693(this was not there in 2007) if tbskin test >= 5mm. Given all the changes i got it redone just to be safe and we are preparing to respond to RFE.
Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.
Any ideas for those who got RFE for medical?
I too got RFE for medical forms. My attorney asked me to get the medical exam redone as USCIS updated the medical exam requirements in 2008, now doctor has to include the x-ray report along with I693(this was not there in 2007) if tbskin test >= 5mm. Given all the changes i got it redone just to be safe and we are preparing to respond to RFE.
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chi_shark
05-07 11:14 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?
more...
quizzer
11-09 02:37 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
maximus777
04-29 08:22 PM
Health care in India rocks! :cool:
Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D
Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D
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cbpds
08-05 02:23 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
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rameshk75
08-15 08:59 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
more...
coopheal
11-27 05:13 PM
Where did you read extra cash is being pumped into other gov projects.
I read on USCIS website they were hiring 1500 new employees.
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
I read on USCIS website they were hiring 1500 new employees.
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
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gcisadawg
04-06 09:58 PM
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
more...
eb2_immigrant
07-28 07:31 PM
It takes roughly 20 business days. We just got ours.
When you renew AP, what is start date , Is it from the expiration day of your previous AP ?
When you renew AP, what is start date , Is it from the expiration day of your previous AP ?
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saibalagi
11-09 01:13 PM
Hi One of my Friend also got same issue for his I140( Eb2) regarding his degree, I140 got denied.
After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
But case is still Appeal Court.
I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.
I think this could help
I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.
Thanks.
After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
But case is still Appeal Court.
I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.
I think this could help
I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.
Thanks.
more...
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kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
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mudigondag
01-25 10:55 AM
Thanks for providing the information. It helps a lot.
more...
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willgetgc2005
04-25 10:07 AM
dilbert,
I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?
__________________________________________________ _________
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?
__________________________________________________ _________
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
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thomachan72
10-05 09:39 AM
I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
Do you go with family/kids? game drive? Do you drive through the forest in a personal vehicle? Jeep? Are there guides available? You said 2-3 days so are there motels nearby? Seems very interesting activity and completely agree with the thrill (fear!). What about sunderbans? have you been to any other reserves? finally are these areas safe (I mean from man attacks-thieves). Are there forest guest houses available? How much was the average total cost (including flight, stay, etc)? Appreciate you sharing such information
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
Do you go with family/kids? game drive? Do you drive through the forest in a personal vehicle? Jeep? Are there guides available? You said 2-3 days so are there motels nearby? Seems very interesting activity and completely agree with the thrill (fear!). What about sunderbans? have you been to any other reserves? finally are these areas safe (I mean from man attacks-thieves). Are there forest guest houses available? How much was the average total cost (including flight, stay, etc)? Appreciate you sharing such information
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cbpds
08-05 02:23 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
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clazale
11-12 10:19 AM
can you share more details about your case?
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
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jungalee43
10-06 04:11 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
crazymish
03-06 08:39 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
Thx guys, this should do it for me here. All the inputs are much appreciated.
Regards,
M
Thx guys, this should do it for me here. All the inputs are much appreciated.
Regards,
M
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