EndlessWait
12-17 05:14 PM
it sounds they've hired x-immigrants , not US born citizens. it seems the very ppl who have immigrated our not interested in giving us green cards . how ironical?
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veni001
06-17 09:28 AM
Little research on this forum will give you answers to all your questions!
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
morchu
04-27 03:01 PM
"approvable" is the right term.
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
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usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
more...
rameshk
12-09 10:49 AM
Hi
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,
v_javans
09-10 01:49 PM
Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.
Thanks,
javans
Thanks,
javans
more...
vxg
09-17 11:48 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
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ArkBird
07-12 01:21 PM
Its NATIVE INDIAN AMERICANS not 'RED INDIANS'. The term you used is considered derogatory by many.
Nope. That will be us... "Native Indian" Americans. They are "Native Americans"
Oh.. Damn Parenthesis ....! :)
Nope. That will be us... "Native Indian" Americans. They are "Native Americans"
Oh.. Damn Parenthesis ....! :)
more...
neel_gump
05-12 03:20 PM
Security Checks : How and Why
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
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singhsa3
07-26 02:00 PM
Folks,
I can't attend as I am in NJ but if money is the issue then I will paypal you $25 (Seriously!). But please do show your support and talk to this good senator
PM me with your e-mail and phone number and I will reimuburse for upto 2-4 people (Not husband and wife and must be a senior IV member in good standing, registered at least 5 months ago).
Thanks
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
I can't attend as I am in NJ but if money is the issue then I will paypal you $25 (Seriously!). But please do show your support and talk to this good senator
PM me with your e-mail and phone number and I will reimuburse for upto 2-4 people (Not husband and wife and must be a senior IV member in good standing, registered at least 5 months ago).
Thanks
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
more...
pdakwala
04-29 11:23 AM
Guys,
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
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eadguru
11-05 01:50 PM
No Finger Print Notice yet. Did any one in the same situation (Aug 03rd. TSC -> VSC -> TSC)
----------------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
----------------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
more...
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augustus
09-06 01:22 PM
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
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jonty_11
05-22 10:45 AM
I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.
more...
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up_guy
04-20 11:06 AM
Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..
Thanks for help
Thanks for help
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vallabhu
07-30 11:54 AM
I applied on April 17th and got it approved on May 30th.
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h1bdude1
03-23 09:19 AM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
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rpat1968
07-15 08:16 PM
Why blame USCIS when you classify yourself as EB3!
Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?
Don't just post without knowing the facts. See my response I posted.
Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?
Don't just post without knowing the facts. See my response I posted.
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mihird
08-19 02:21 AM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
jfredr
08-02 05:46 PM
U should be able to collect ur passpost by going to VFS.
I have collected from vfs. in December 2006.
But remember to take the application receipt and some id.
both u and ur wife should go to collect they dont give both to one.
I have collected from vfs. in December 2006.
But remember to take the application receipt and some id.
both u and ur wife should go to collect they dont give both to one.
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