LostInGCProcess
08-25 12:33 PM
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
arihant
10-26 09:37 AM
I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.
kumar1
09-22 11:11 AM
You get this kind of mental state only after spending 8-9 years here! Look at people with PD of 2007....trying to sue USCIS for interfile! It took 7 years for my wife to get EAD. Some of the H4s got EAD in less than 6 months. Am I going to sue USCIS? Hell No!
Life, Liberty and Pursuit of Happiness!
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.
Life, Liberty and Pursuit of Happiness!
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.
amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
more...
bheemi
03-15 11:32 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
raj2227
10-17 03:18 PM
I changed my adress after filing I-485 and I-765, thru online using AR11 form
Its prety easy and we got our new EAD cards to new adress.
I-485 - July 2nd
I-765 - July 2nd
Receipt notice Aug 29
Change the adress online on Aug 30.
Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.
Recvd EAD cards to new adress on SEP 10th.
so its very easy. nothing to worry .
Its prety easy and we got our new EAD cards to new adress.
I-485 - July 2nd
I-765 - July 2nd
Receipt notice Aug 29
Change the adress online on Aug 30.
Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.
Recvd EAD cards to new adress on SEP 10th.
so its very easy. nothing to worry .
more...
MahaBharatGC
10-16 03:03 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
days_go_by
08-23 10:52 PM
180K per BEC and 2 of them so 360K cases overall.
more...
FKFish
01-30 10:31 PM
hi,
I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?
Many Thanks.
I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?
Many Thanks.
maine_gc
04-20 11:44 AM
Thanks for the reply.
We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.
I am also checking with the Attorney.
We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.
I am also checking with the Attorney.
more...
GCBy3000
09-20 08:52 AM
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
gc_chahiye
11-09 02:43 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
oh ok, it makes sense then. thanks for clarifying that.
oh ok, it makes sense then. thanks for clarifying that.
more...
nb_des
03-17 01:33 PM
I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
chapper
11-11 01:26 AM
Please add more data if you find.....
http://img216.imageshack.us/img216/570/workinprogressue6.jpg
http://img216.imageshack.us/img216/570/workinprogressue6.jpg
more...
Voetsjoeba
05-27 01:32 PM
I love this contest :beam::love: I think Festers site is the ugliest although they are all VERY close to eachother.
pappu
11-19 11:11 AM
They posted it sometime back: But this does not talk about applications like II40 that were filed last year and still pending for some people in NSC. I140 for EB2 NIW is as late as August 01, 2006.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCR D
Advisory on Processing Times
In the past few months, USCIS has received a significant increase in the number of applications filed. As a result, processing times will likely become longer for applications filed after June 1, 2007.
USCIS is working hard to address the increased volume and will continue to provide additional information on application processing times as it becomes available. For more information, please see our Frequently Asked Questions on receipt delays.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCR D
Advisory on Processing Times
In the past few months, USCIS has received a significant increase in the number of applications filed. As a result, processing times will likely become longer for applications filed after June 1, 2007.
USCIS is working hard to address the increased volume and will continue to provide additional information on application processing times as it becomes available. For more information, please see our Frequently Asked Questions on receipt delays.
more...
reno_john
06-11 12:00 PM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
ryan
02-03 04:09 PM
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
ilikekilo
04-22 02:06 PM
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
my 2 cents
Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...
bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..
last but not least, its really bad out here..so dont jump the ship just yet
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
my 2 cents
Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...
bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..
last but not least, its really bad out here..so dont jump the ship just yet
pitha
06-11 12:25 PM
if you saw any of the news shows over the weekend everybody says the chances of this passing the senate are about 33% and even if it passes the senate it might not pass the house. even kyl was skeptical about its chances. this is our chance, lets oppose this bill tooth and nail. no bill is better bill for us as long as kennedy, kyl and durbin are around. please oppose this bill
vicks_don
04-18 03:23 PM
i understand it now.
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