leoindiano
07-09 11:55 AM
Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....
Anybody in same boaT?
Anybody in same boaT?
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krishnam70
07-18 12:34 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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qualified_trash
11-15 01:27 PM
you have a expired I-94 and a h1B which is valid
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
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GC_2007
12-22 12:09 PM
http://www.immigration.com/newsletter1/h1bguidextn6yr.pdf
gc_check
09-08 05:06 PM
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
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logiclife
01-05 11:31 AM
There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
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fromnaija
07-20 05:32 PM
Thank you!
http://www.insvisa.com/faq/department_state.htm#15
not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa
http://www.insvisa.com/faq/department_state.htm#15
not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa
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desi3933
07-20 04:26 PM
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Incorrect.
One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.
______________________
Not a legal advice.
Incorrect.
One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.
______________________
Not a legal advice.
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thepaew
09-24 03:44 PM
Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)
Ciao
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
Ciao
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
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mbartosik
11-16 04:13 PM
To answer Munna Bhai's question:
Visa bulletin:
This determines which priority dates USCIS may accept applications for (I485). It is also used to determine which applications by priority date USCIS may issue GC for.
Processing times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Shows when you can expect that USCIS gets round to processing an application once they have received it. This is meant to be based on receipt date for that application. They may randomly process it sooner. They many complete processing later if there is a problem. Most applications with receipt dates stated in the processing times page should have completed most processing.
To get GC, visa bulletin date must be current, AND USCIS must have processed paperwork, AND there be no problems or outstanding RFE.
Oh, I nearly forgot, AND pigs must fly!
Visa bulletin:
This determines which priority dates USCIS may accept applications for (I485). It is also used to determine which applications by priority date USCIS may issue GC for.
Processing times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Shows when you can expect that USCIS gets round to processing an application once they have received it. This is meant to be based on receipt date for that application. They may randomly process it sooner. They many complete processing later if there is a problem. Most applications with receipt dates stated in the processing times page should have completed most processing.
To get GC, visa bulletin date must be current, AND USCIS must have processed paperwork, AND there be no problems or outstanding RFE.
Oh, I nearly forgot, AND pigs must fly!
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RajWantsGC
05-21 11:19 AM
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?
Thanks
Raj
browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?
Thanks
Raj
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GCapplicant
10-12 04:19 PM
I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Glad to see a NJ applicant to receive FP.Hope we also receive ours soon.Thanks for the update
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Glad to see a NJ applicant to receive FP.Hope we also receive ours soon.Thanks for the update
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Raju
10-16 12:25 PM
I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.
Senthil,
When people talk about currencies, they miss a very very important point. US dollar has an in-built protection that most asian currencies do not have. Do you know the fact that majority of countries in the world have their reserves saved up in dollars. A free fall in dollar is less likely because that is also going to deplete the value of reserves owned by each country. Asian currencies (read Indian, chinese) do not have that in-built protection. Hope you take that into consideration next time you talk about currency restrictions.
Senthil,
When people talk about currencies, they miss a very very important point. US dollar has an in-built protection that most asian currencies do not have. Do you know the fact that majority of countries in the world have their reserves saved up in dollars. A free fall in dollar is less likely because that is also going to deplete the value of reserves owned by each country. Asian currencies (read Indian, chinese) do not have that in-built protection. Hope you take that into consideration next time you talk about currency restrictions.
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Berkeleybee
05-17 01:35 PM
I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
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cha79
06-05 03:22 PM
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
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milind70
04-21 04:54 PM
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
I am not sure that is entirely true befoer you go and work offshore you will have to convert your 485 (AOS) to Consular procesing ( I dont know if that is possible when your AOS is pending for some time like lets say 2 years or so I think there must be a way to change in the first few months after filing). As far as I know leaving the country when AOS is pending is deemed as abandoing the application thats one of reason why AP's are for.
Thx
I am not sure that is entirely true befoer you go and work offshore you will have to convert your 485 (AOS) to Consular procesing ( I dont know if that is possible when your AOS is pending for some time like lets say 2 years or so I think there must be a way to change in the first few months after filing). As far as I know leaving the country when AOS is pending is deemed as abandoing the application thats one of reason why AP's are for.
Thx
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kookoo
08-03 07:18 PM
Thanks
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
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gccube
03-19 04:14 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
gcadream
03-04 08:24 AM
Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
GC08
07-08 08:37 PM
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?
I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?
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