parablergh
09-06 05:19 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
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acecupid
06-26 09:42 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Maybe you are about to get your GC ;) Dude, chill out and relax... dont be so anxious over a soft LUD. It will only affect your health adversely being overly stressed out over LUDs and GC.
Maybe you are about to get your GC ;) Dude, chill out and relax... dont be so anxious over a soft LUD. It will only affect your health adversely being overly stressed out over LUDs and GC.
Rastogi
06-22 08:01 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
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AB1275
09-25 04:25 PM
Can anyone tell me what does this mean? The recorded line mentions I-797 and initial evidence. PLEASE HELP!!!!
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On September 25, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On September 25, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
more...
sweet23guyin
06-18 10:47 AM
I understand AP is like your visa stamp. I94 shows your status and not a visa stamp.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
lost_angeles
07-14 11:51 AM
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
more...
tjayant
10-17 02:53 PM
My school said I'm not eligible
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fromnaija
12-12 02:17 PM
Thanks for your reply
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
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hsadan
10-01 04:36 AM
lol ok...
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webm
02-17 04:36 PM
Which Indian consulate is this??
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bindas74
07-19 04:23 PM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
Hi,
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
Hi,
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
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hibworker
02-04 04:54 PM
If the question didn't showed up - then it has been removed. Its as simple as that - isn't it. The question cannot magically show up for some and not for others.
Take it easy! Good luck with your interview.
Take it easy! Good luck with your interview.
more...
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jackhardy
02-09 09:32 AM
The next set of people who decide to write to the President should send him flowers as well. Also there is a DC based org called SAALT who wants to hear our stories + struggles and working to effect policy change on a national level.
Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)
Lets participate in this too.
Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)
Lets participate in this too.
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rajhyd123
09-15 08:59 PM
My I485 documents were also received by r.cook at nebreska. still checks are not cleared yet. Not sure what happened. My documents are received on 9:30am 18th July...
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sircaustic
01-02 08:59 PM
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Thanks Sreenivas for taking time to reply!
I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"
Some insight will be much appreciated!Thanks!
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Thanks Sreenivas for taking time to reply!
I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"
Some insight will be much appreciated!Thanks!
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waitingforgc
06-29 04:40 PM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
more...
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venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
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upuaut
10-04 01:36 AM
sweet
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nfinity
02-13 02:30 PM
no replies? cant believe i am the only one in this situation :)
m2kkk
07-31 12:29 PM
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
Blog Feeds
01-28 08:30 AM
WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
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