yibornindia
11-19 06:02 PM
Co-sufferers,
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
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glus
12-27 03:05 PM
Hello Helper!
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
bhatt
05-20 12:57 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
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paddy.
09-13 12:04 PM
You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.
more...
makemygc
06-14 11:20 AM
Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
smuggymba
05-11 03:30 PM
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
I just send hard copy letters again this week. Costs nothing, great impact.
This is NUMBER 1 ACTION ITEM for EB3 friends.
.
I just send hard copy letters again this week. Costs nothing, great impact.
This is NUMBER 1 ACTION ITEM for EB3 friends.
more...
uslegals
01-27 01:48 PM
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
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anil_gc
11-26 04:56 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
Gurus please give your thoughts.
Anil
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Antonio Trivelin
September 2nd, 2006, 07:39 AM
Nice HDR work
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Tks a lot my friend :)
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Fightwithfate
03-14 02:48 PM
Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
Thank you.
I will ask my Employer to check with VSC.
Please let me know if anyone faced this problem in the past
Thank you.
I will ask my Employer to check with VSC.
Please let me know if anyone faced this problem in the past
more...
InTheMoment
04-29 08:40 PM
and now TOI has a big headline that the Swine Flu has now reached India, thanks to its carrier from Texas who flew into Hyderabad a couple of days ago.
http://timesofindia.indiatimes.com/Swine-flu-reaches-India/articleshow/4465683.cms
http://timesofindia.indiatimes.com/Swine-flu-reaches-India/articleshow/4465683.cms
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kaarmaa
10-12 05:09 PM
I saw this article about eliminating the diversity visa program and using those numbers for EB categories.
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
more...
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augustus
03-10 02:57 PM
Hi,
My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.
Could you please guide us in self filing?
a) Is there E- renewals? What about photographs for such renewals?
b) What documents are required for renewing?
c) Where can we find information regarding EAD and AP renewals?
Please help us. Thank you very much.
Regards,
Augustus.
My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.
Could you please guide us in self filing?
a) Is there E- renewals? What about photographs for such renewals?
b) What documents are required for renewing?
c) Where can we find information regarding EAD and AP renewals?
Please help us. Thank you very much.
Regards,
Augustus.
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drirshad
08-08 04:35 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
more...
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ArkBird
11-01 03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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Dhundhun
04-05 02:44 AM
How 120 days calculated inclusive or exclusive?
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
more...
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no_more_anger
12-21 07:10 PM
I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
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nath.exists
11-02 11:41 PM
I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
6.)Does she also have to do MS to use cross chargeability and file in EB-2
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
6.)Does she also have to do MS to use cross chargeability and file in EB-2
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pcbadgujar
09-22 03:45 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
walking_dude
11-21 11:17 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Happy Thanksgiving
hope2007
04-15 11:37 AM
SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
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