crazydesi
09-03 07:39 PM
# 8/29/2008 AILA Liaison Seeks Examples of Adjustment Cases Pending Security Checks (. 27 KB) AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. AILA Doc. No. 08082968.
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abhishek101
05-20 09:18 AM
Greetings,
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
natrajs
08-30 05:00 PM
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Thanks for your support to IV
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sumansk
07-12 02:01 PM
Guys!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
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rkat
08-16 02:56 PM
I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
CantLeaveAmerica
12-08 05:37 PM
not a redundant mail..just their process.
I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)
I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)
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FinalGC
05-01 11:05 AM
singhsa3:
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
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jliechty
January 7th, 2005, 09:39 PM
The technique you mention works best when you reverse a normal or wide lens in front of a telephoto lens. However, none of my lenses work very well; all cause severe vignetting. The cheapest way to try this is to hold the one lens in front of the other with your hand; then focus the apparatus by moving the whole system in and out until you find the plane of focus (autofocus is worthless for any macro above 1:1, and IMHO even for most macro below it). If you like what you see, then it's not a great expense to find an adapter that has filter threads on both sides of it to hold the lenses in place for you. Check the macro couplers (http://www.bhphotovideo.com/bnh/controller/home?O=NavBar&A=search&Q=&ci=3066) section at B&H for the kind of adapter you'd need.
I still think a regular macro lens would be most versatile (you can go from infinity down to 1:1 without removing the lens or unscrewing any filters), but the other method can be a cheap way to experiment, if you can find a pair of lenses that gives you the magnification you want without major vignetting.
I still think a regular macro lens would be most versatile (you can go from infinity down to 1:1 without removing the lens or unscrewing any filters), but the other method can be a cheap way to experiment, if you can find a pair of lenses that gives you the magnification you want without major vignetting.
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jagan13
02-21 09:18 AM
HRPRO,
I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.
satishav,
I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.
aaren253,
Sorry about the lost passport.
rockstart,
I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.
Jagan
I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.
satishav,
I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.
aaren253,
Sorry about the lost passport.
rockstart,
I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.
Jagan
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ksrk
01-21 06:48 PM
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.
With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.
With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.
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ufo2002
08-16 03:54 AM
Cuba isn't the only communist nation.
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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s416504
12-04 02:23 PM
I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
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.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
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.
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trueguy
08-11 04:06 PM
bump
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krishnam70
02-18 12:04 PM
currently iam working with vsginc they filed my greencard processing through different company axiom
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
What was your GC filed for? as a future employee? If that is the case does it still constitute a a fraudulent practice? I show the yates memo could be used as a reference if at all this case is denied.
any suggestion desi?
cheers
kris
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
What was your GC filed for? as a future employee? If that is the case does it still constitute a a fraudulent practice? I show the yates memo could be used as a reference if at all this case is denied.
any suggestion desi?
cheers
kris
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pbojja
11-06 10:03 AM
Hi
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
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WeShallOvercome
07-31 06:52 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
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stupendousman11
08-07 10:40 AM
Decided to go ahead and mail in the medical reports along with copies of our 485 receipts since my PD became current in the Aug bulletin. Hoping this will prompt them to dust off my application since I haven't had a LUD for quite sometime.
Sent it about 10 days back but haven't seen an update yet.
Sent it about 10 days back but haven't seen an update yet.
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HereIComeGC
03-25 02:58 PM
Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.
Also, I found this on Vancouver consolate website:
"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "
This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?
Thank you.
Also, I found this on Vancouver consolate website:
"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "
This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?
Thank you.
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Winner
04-23 12:46 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
somegchuh
05-24 03:46 PM
There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?
6. With AC 21 gone will you be able to join new employer based on H1 receipt?
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?
6. With AC 21 gone will you be able to join new employer based on H1 receipt?
abhisam
07-09 06:31 PM
You said your employer is agreable, in that case, If you did not get your EAD before your current EAD expires, you can choose to work for free for those days and try to get paid for it after your EAD comes in effect.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
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