vinki
08-28 11:45 AM
hi !
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
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ragz4u
09-13 07:58 AM
My I140 was sent to LIN too and approved promptly!
vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
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WaitingYaar
01-08 10:23 PM
Pending I-485 application online status changed to a new status "- This case has been sent for a standard interview. What does this means? Any knowledge from the gurus!
more...
traveldoc
10-05 05:20 PM
Guys,
I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.
I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.
gc03
05-12 08:05 AM
The passage of the CIR in the Senate is reportedly almost assured. The question remains how much change we will see in the Senate's final bill. One of the agreements which the leaders of Republican and Democrat Senators reached as part of the deal involves the procedural matter that will allow "amendments" on the floor to the CIR proposal which the Senate almost passed when the Senators left for the Easter break in April, 2006. It is thus likely that there may be introduced a flurry of amendments on the floor and a fierce battle on these amendments. Accordingly, the liberal version of the Senate proposal may be substantially compromised before it is enacted into a law this year. We will see the first compromise in the Senate this month before the Senate passes its bill. The second compromise will take place during the Senate-House Conference Committee proceeding after May 2006. It is thus almost certain that the current CIR proposal in the Senate may be substantially toned down and compromised to accomodate the hawkish conservative Senators and members of the House.
Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.
May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!
Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.
May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!
more...
same_old_guy
10-27 05:32 PM
That's not completely true. There are improvements in UCIS processing. If you check H1 or I-140 processing time 2 years back , it was much worse then. I dont think USCIS processing time is a problem for us right now. Of course it would be nice to have faster service for H1 and I-140 or 485.
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patriot01
09-25 02:20 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 Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
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 Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
more...
mrajatish
03-28 09:45 AM
When does a bill come to floor - will any of the bills come to floor today?
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jcrajput
10-03 08:49 AM
I am starting new thread for people who are re-filing their applications (I-485) because they were rejected for any reasons.
Please list following:
1. Rejection notice date (RND)
2. Reejction reason(s)
3. Whose fault
4. Status of re-filing
5. Date of package recevied at service center (date, time, received by, service center)
6. Status
7. Waiting for action from
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.
Please list following:
1. Rejection notice date (RND)
2. Reejction reason(s)
3. Whose fault
4. Status of re-filing
5. Date of package recevied at service center (date, time, received by, service center)
6. Status
7. Waiting for action from
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.
more...
desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
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cinqsit
10-12 10:32 PM
Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
more...
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LegalIndianInUSA
09-10 11:01 PM
Apologies if this is covered in a thread elsewhere (doubt it)
A colleague and I both filed EB2 PERM labors at around the same time in 2005.
Our 140s got approved roughly together too/
We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
Both of us saw our checks get encashed on the same date.
Here's where our applications diverged.
He received an LUD last friday and his EAD card has been ordered.
I received an FP request today(monday) but no LUD updates.
Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
It makes total sense to split people into two groups (atleast), and for each:
a) send them EAD cards with a note of FP pending.
b) send them FP notices and do their EAD later.
(I know another friend who is in group a, while I'm in b)
Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.
So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
:)
A colleague and I both filed EB2 PERM labors at around the same time in 2005.
Our 140s got approved roughly together too/
We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
Both of us saw our checks get encashed on the same date.
Here's where our applications diverged.
He received an LUD last friday and his EAD card has been ordered.
I received an FP request today(monday) but no LUD updates.
Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
It makes total sense to split people into two groups (atleast), and for each:
a) send them EAD cards with a note of FP pending.
b) send them FP notices and do their EAD later.
(I know another friend who is in group a, while I'm in b)
Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.
So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
:)
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WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
more...
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toosunneo
02-02 11:01 AM
You are right. The attorney thought that my sixth year ended in August 2010. Glad I don't have to travel outside of US. Thanks for the response.
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Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
more...
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LondonTown
05-23 12:31 PM
My friend, do not call Sir to any one here. We all are on the same boat and trying to share our experiences and learn from each other.
Were you given a 221g? possibly green or some other color?
It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
Were you given a 221g? possibly green or some other color?
It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
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priya.r
12-24 01:30 PM
Hello,
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
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needhelp!
10-12 11:01 AM
for TX members!
STAmisha
06-30 11:43 AM
Please check the answers below
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
YES
2. Do I have to mention in my new labor about my old labor and I-140 ?
I dont think so. CHeck with a lawyer
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Check with lawyer
Thanks
DC
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
YES
2. Do I have to mention in my new labor about my old labor and I-140 ?
I dont think so. CHeck with a lawyer
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Check with lawyer
Thanks
DC
kshitijnt
06-03 07:31 PM
Thank you for the immediate response.
I did under the old structure and need to pay renewal fees everytime.
How long did it take for the document to reach you after approval?
Thanks
3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.
I did under the old structure and need to pay renewal fees everytime.
How long did it take for the document to reach you after approval?
Thanks
3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.
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