ashutrip
06-15 04:52 PM
that is not a backlog in the sense of retrogression based backlog. That is like any other processing time for any other type of application
Chicago is taking 2-3 weeks then y Atl is taking 6 months
Chicago is taking 2-3 weeks then y Atl is taking 6 months
drona
07-11 02:54 PM
Let's get some stats on how many employment-based green card applicants are from the state of California. Perhaps they are printed on a DOS, USCIS web site or report. I am sure the number is high (San Jose etc.)
saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
ek_akela
09-08 07:56 PM
When was your I-140 applied? I would assume revoking of 140 should be your only concern, since you already applied for 485, you don't need to bother about your status.Also apply fopr EAD based on proof that you applied for 485(Fedex # should be enough)
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
more...
sc3
10-08 01:11 PM
yes, i have unexpired visa. I was wondering if I need visitor visa to go to Mexico and have a new I-94 at port of entry.
Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.
The blog also states that you can ask for I94 at the port of entry. Please google for the blog.
Edit: This is the blog http://tijuanatrip.blogspot.com/
Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.
The blog also states that you can ask for I94 at the port of entry. Please google for the blog.
Edit: This is the blog http://tijuanatrip.blogspot.com/
patriot01
09-27 10:39 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.
I haven't added my wife as a dependent applicant too when I filed my I-485.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Ordered or Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document Ordered or Oath ceremony' seriously.
I haven't added my wife as a dependent applicant too when I filed my I-485.
Thanks in advance.
more...
lola
08-21 06:27 PM
apb,
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
vparam
05-25 09:05 AM
there were only 4 fax sent , when i sent it yesterday. i am not sure if many sent in faxes and just did not pot. if not it is very important to send out this word. moderators what is plan of action?
more...
krishna_brc
05-05 11:27 AM
Here is my story, Immigration experts are requested to suggest.......
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
EAD extension is solely based on Pending 485, so you should'nt have any problem.
Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.
Again i can be wrong. Please take an expert attorney's advise.
Thanks,
Krishna
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
EAD extension is solely based on Pending 485, so you should'nt have any problem.
Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.
Again i can be wrong. Please take an expert attorney's advise.
Thanks,
Krishna
485Mbe4001
10-08 12:54 PM
SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.
PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.
There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.
There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
more...
gcspace
08-13 07:58 AM
I don't know the exact time my application reached on July 2nd.
I havn't yet received my receipts nor checks cashed.
Guess we just need to wait and wait..
I havn't yet received my receipts nor checks cashed.
Guess we just need to wait and wait..
gc_on_demand
06-11 09:17 AM
Folks
July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
I request all of you to call , if you have called then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
I request all of you to call , if you have called then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
more...
piyu7444
02-24 03:16 AM
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
rajenk
02-11 03:57 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
more...
WaldenPond
01-08 02:09 PM
Good luck for us ; And to all the hard working guys ; i would like to help out in the best way ; i am mostly a follower not a leader ; please let me know if i can be of any help ; I live in Oregon, Portland ; i shall request my other friends to contribute for the cause.
Thanks
Anil.
Thanks makino_a55, Your encouragement and contribution is very valuable for the success of this effort. At this time we do not have representation in Oregon, Portland and if you could please pass on the message to your friends, that will be of great help to the community.
Regards,
-WP
Thanks
Anil.
Thanks makino_a55, Your encouragement and contribution is very valuable for the success of this effort. At this time we do not have representation in Oregon, Portland and if you could please pass on the message to your friends, that will be of great help to the community.
Regards,
-WP
GreenCard4US
08-21 02:22 PM
Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
more...
jthomas
04-04 09:49 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
saratswain
09-15 03:53 AM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
waitnwatch
07-06 11:31 AM
Thanks for your answers. I will consult a lawyer but I have to find one in the first place as I did a self filing.
My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.
Any other suggestions are most welcome.
My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.
Any other suggestions are most welcome.
vik123
01-18 08:57 PM
Eb2
Lasantha
04-11 11:38 AM
I had the same experience on Wednesday. Do not hang up, you will be connected to an IO after a while.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
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