anoopraj2010
08-04 12:42 PM
Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
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immi_twinges
09-06 09:05 AM
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
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rajsand
10-04 09:58 AM
I havent go the receipts yet, but wondering how long (approx) should it take for AP travel document to come so we can travel out of the country.>
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
more...
GCard_Dream
04-05 03:29 PM
I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.
I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:
* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)
So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.
1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?
Thanks in advance for your help.
I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:
* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)
So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.
1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?
Thanks in advance for your help.
alien2006
08-23 07:43 AM
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
more...
ssbaruah@yahoo.com
04-29 09:07 PM
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
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amslonewolf
04-23 09:59 AM
Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..
more...
vgc
07-26 10:39 AM
^^^^^^^
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gc_on_demand
04-24 09:47 AM
Good Question. Why no one from IV posted that yet?
Guys
If you recall IV posted news that there will be 3 bills in house regarding backlog. Immigration-law.com didnot even know at that time. I agree that IV didnot post about their movement on bill. IV core team might be busy on lobbying. Just wait and watch.
Will there be two bills for STEM and allowing people to file I 485 ?
Guys
If you recall IV posted news that there will be 3 bills in house regarding backlog. Immigration-law.com didnot even know at that time. I agree that IV didnot post about their movement on bill. IV core team might be busy on lobbying. Just wait and watch.
Will there be two bills for STEM and allowing people to file I 485 ?
more...
Tantra
08-03 11:18 PM
This just confirms the pathetic state of concern and sincerity USCIS associates to people awaiting these updates. Guess nobody bothered to even review this report before making it public. Oh, it was reviewed but in the same manner our applications are adjudicated. Go figure!
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h1techSlave
12-04 12:28 PM
I thought you can be with out a job for 6 months while AOS pending. Not on H1, but in EAD.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
more...
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ashutrip
06-04 11:19 AM
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
when is the voting on this bill?
when is the voting on this bill?
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h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
more...
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buehler
07-10 04:22 PM
Here is the link - Visa Bulletin for August 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html)
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canmt
10-19 10:37 AM
You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.
I hope this helps and good luck on your greencard chase.
I hope this helps and good luck on your greencard chase.
more...
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GotGC??
01-12 05:29 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
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help43
09-25 12:26 AM
When I Applied For A Amendement.
My Previous Status Was Approval Notice Sent.
My Previous Status Was Approval Notice Sent.
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vikrantp
01-23 08:45 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
duttasurajit
10-18 02:22 PM
I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
radhagd
03-14 09:36 AM
I have tried this and I got my application returned. I know one more person in this forum has tried and was not successful.
I think that EB3 has to be approved(not just applied) before EB2 approval
Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
I think that EB3 has to be approved(not just applied) before EB2 approval
Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
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