northstar
07-18 01:11 AM
I dont think this should be our priority, his reporting is mostly based on illegal immigration, he does talk about H1B visa sometimes and has reported some incorrect facts, but again his focus is more towards cleaning up the H1B visa system so that things are transparent rather than stopping it altogether.
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fromnaija
07-21 05:24 AM
Not necessarily. Since GC is for future job, it's not impossible for the employer and the employee to be in different cities.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
lvinaykumar
04-18 04:13 PM
I got married after applying for I-485, and did not apply EAD, I am hopeing if i get my PD current i will send the new application and use the EAD option...until that i have to stay on H1 ;)
Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?
Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?
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lord_labaku
11-14 12:40 PM
To the OP, I have a suggestion for you. Please try this in very good earnest.
Imagine in your mind, all through the weekend that your approval will come on Monday. Your priority date is current. You exhausted all options. You are very close. Maybe the IO has picked ur file & gone on vacation...maybe he will come back this weekend & just send an approval on monday. You have paid ur dues...u r very close....just relax. On renewing EAD & AP....just go ahead renew them...that will send another trigger for approval.
But the bottomline is - just imagine that u have already gotten ur approval.
Forget browsing immigration forums...forget logging into USCIS...forget about 'GETTING' the GC....just imagine that u 'ALREADY GOT IT'.
It makes a huge difference. trust me.
Imagine in your mind, all through the weekend that your approval will come on Monday. Your priority date is current. You exhausted all options. You are very close. Maybe the IO has picked ur file & gone on vacation...maybe he will come back this weekend & just send an approval on monday. You have paid ur dues...u r very close....just relax. On renewing EAD & AP....just go ahead renew them...that will send another trigger for approval.
But the bottomline is - just imagine that u have already gotten ur approval.
Forget browsing immigration forums...forget logging into USCIS...forget about 'GETTING' the GC....just imagine that u 'ALREADY GOT IT'.
It makes a huge difference. trust me.
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ArkBird
06-07 11:24 PM
www.msnbc.com
www.cnn.com
Cheers!
www.cnn.com
Cheers!
kaisersose
05-28 12:43 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
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allybarbar
06-22 05:18 PM
I worked in Boston. I was laid off Friday. I have been advised by 2 immigration lawyers that it is ok to file for Unemployment benefits. I filed today. I will let you know the outcome. The lady at Unemployment office seems to think there is no reason i won't get it, but shes really just a data entry person really. Fingers crossed i hear nothing.
Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
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makemygc
07-26 12:31 PM
It is advisable not to move until you get fingerprinting notice.
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
Thanks WeShallOvercome.
What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
Thanks WeShallOvercome.
What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?
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gc_chahiye
11-02 10:54 AM
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.
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tabletpc
08-27 02:06 PM
Krishnam70,
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
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trueguy
08-11 10:06 AM
please add year 05, 06, 07 and 08 too.
HOW??????????
HOW??????????
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Almond
07-17 08:07 AM
This is a terrible situation, I feel so bad for you. Can you afford to go to a lawyer as soon as you can and ask for advice? I think it's very important, this is critical. 11 years:(
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MSCapBust
07-25 09:54 PM
Thanks you all for replying.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
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lostinbeta
10-21 06:11 PM
Ummm, A big circle with some poofiness added....lol.
Voila... a dog bed.
Voila... a dog bed.
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traveldoc
09-24 08:28 AM
TheHulk,
That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about that.....no good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.
That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about that.....no good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.
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485_se_dukhi
08-15 08:56 AM
I'm posting it where ever I can on different forums.
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bzuccaro
11-09 08:40 AM
If the labor certification is approved and the I-140 has been or will be pending for 365 days or more prior to the H-1B worker�s requested H-1B start date, then the H-1B visa worker can file for the one year extension under AC21 106 (a).
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mihird
10-25 01:30 PM
My I-140 doesn't have any "valid until" date on it...I believe, I-140s are pretty much valid indefinitely as long as they are not revoked by the employer...
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needlotsofluck
08-02 11:53 PM
It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
If old forms are used, then the instruction stated in the old form should be followed. Since in your case, your I-485 was sent to NE, then 765 and 131 should also be sent to NE. I will also do the same since I will use old forms. Regardless, seek an attorney to verify. I am still waiting for my receipt (though, it is ok to file without it) and will file my forms a week before Aug.17. Who knows what this INS people will decide again by that time. Good luck to us.
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
If old forms are used, then the instruction stated in the old form should be followed. Since in your case, your I-485 was sent to NE, then 765 and 131 should also be sent to NE. I will also do the same since I will use old forms. Regardless, seek an attorney to verify. I am still waiting for my receipt (though, it is ok to file without it) and will file my forms a week before Aug.17. Who knows what this INS people will decide again by that time. Good luck to us.
GCSOON-Ihope
06-14 04:57 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
saileshdude
03-23 09:41 AM
I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.
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