GC_1000Watt
08-08 02:44 PM
thanks buddy! So i believe it's just the state of the consulate..right?
By the way was your case kind of same?
^^bump^^
By the way was your case kind of same?
^^bump^^
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gondalguru
07-08 08:16 PM
Depends on whether your I-140 is approved or still pending.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
90210
03-28 05:41 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
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sushilup
07-17 01:53 PM
Hi,
I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.
Current Imiigration status:
Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
Have approved H1B for company-A since dec 2010 and stamped in passport.
My questions:
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.
Thank you.
Sushil
I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.
Current Imiigration status:
Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
Have approved H1B for company-A since dec 2010 and stamped in passport.
My questions:
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.
Thank you.
Sushil
more...
eb3_nepa
06-14 02:22 PM
Hi Guys
I have a few questions about what happens AFTER the I-485 is successfully filed?
How long before you get the notice to appear for finger printing?
How much time between getting the notice for Finger printing and the actual appointment?
When does the EAD come through and is there a way to expedite the EAD process?
When does the process go to the "name check" black hole and you informed about it?
Any other info by the experienced gurus will be appreciated
I have a few questions about what happens AFTER the I-485 is successfully filed?
How long before you get the notice to appear for finger printing?
How much time between getting the notice for Finger printing and the actual appointment?
When does the EAD come through and is there a way to expedite the EAD process?
When does the process go to the "name check" black hole and you informed about it?
Any other info by the experienced gurus will be appreciated
asharma
07-23 09:25 PM
The questions in FAQ are very much similar to what are being asked at this website.
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
more...
AnishD
04-02 10:47 PM
I dont think so since someone is doing premium processing, the chances of getting RFE are more. Rather i read in other posts that we should go for Premium processing as it is faster and we come to know the result of the case quickly rather that awaiting for weeks/months.
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Puncher
February 1st, 2006, 04:46 PM
You'll always have very limited DOF in macro situations. That's why real macro lenses (ex. the Micro-Nikkors) are optimised to give good results even when stopped down a lot.
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shinobu
06-09 04:47 PM
Hi Ramesh,
Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.
You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)
As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.
You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)
As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
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s416504
09-23 09:40 AM
I mean stay on L1A (7 Year) with existing company. Apply green card through company B OR any other (For applying grren card, you don't need to be employee of that firm). Switch job as soon as you get I140 (premium process) approved from B company. If everything goes well, One year is enough to get I140 approval through premium process.
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yabadaba
12-20 07:17 PM
Thanks Purgan
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solaris27
02-03 10:03 AM
you can do it yourself or take help from any tax consultant .
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rbalaji5
01-11 01:35 PM
Thanks Gc2 for useful information. I will the family class.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
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hebbar77
11-24 04:18 PM
My feeling was that there are No NEW jobs here in USA especially for immigrants. I felt jobs are slowly being offshored and new job creation was not catching upto that. This matches with unemployment numbers 10%+... Also I feel there are enough people looking for PROJECT while on H1B..
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
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nath.exists
12-12 11:48 AM
Moonlight, I am in a similar situation as you except that the person involved here is my spouse and the country of birth is srilanka and it is india in all her documents...i have done some research and found some interesting points for my scenario.May be we both can share info and help each other. you can mail me at nath4u@gmail.com. Also you can reply your contact info.
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bathuzp
12-05 04:18 PM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
more...
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glus
03-31 03:51 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
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gccovet
07-08 09:36 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
GC_SUCK
08-07 02:50 PM
Just spoke to IO at NSC. Asked about my case. NC is clear and right now processing 09/06 cases so no movement on my case.
Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.
I still do not trust them, but her kind words gave me little hope.
PD- - 04/08/2002 (ROW)
I-140 RD - March 2007 (Approved)
I-1485 RD - March 2007 (PENDING)
Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.
I still do not trust them, but her kind words gave me little hope.
PD- - 04/08/2002 (ROW)
I-140 RD - March 2007 (Approved)
I-1485 RD - March 2007 (PENDING)
ronnie0479
09-19 07:33 PM
How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.
Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.
Ronnie
Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.
Ronnie
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