lazycis
10-19 01:22 PM
I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
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txh1b
04-17 09:44 AM
Just get another medical done. Carry the 693 to avoid getting all the vaccinations again.
Easiest way out as the medicals expire anyway in12-18 months.
Easiest way out as the medicals expire anyway in12-18 months.
gc_chahiye
10-27 01:54 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
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immigal
08-13 06:26 PM
Called USCIS.
Current Immigration status will be same as what u entered US on. SO H1B for me..
Hope this helps more people trying to find this answer.
Current Immigration status will be same as what u entered US on. SO H1B for me..
Hope this helps more people trying to find this answer.
more...
sanam9696
03-09 05:42 PM
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
vinzak
11-10 02:06 PM
Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
more...
eb3_nepa
10-27 05:14 PM
we can pay more fees if they can process our cases fast.:) :) :)
Unfortunately that is not how it works at USCIS. They increase the fees WITHOUT any increase in service/performance.
Unfortunately that is not how it works at USCIS. They increase the fees WITHOUT any increase in service/performance.
2010 i love you mommy. i love you
Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
more...
number30
04-09 04:15 PM
Hello guys,
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Wait until she gets certificate of citizenship. You can send it next day. Waiting one or two days does not make any difference.
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Wait until she gets certificate of citizenship. You can send it next day. Waiting one or two days does not make any difference.
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kewlchap
11-07 11:21 PM
Folks,
I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.
I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.
more...
Krilnon
02-28 09:35 PM
Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P
Great entry!
Great entry!
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humsuplou
03-09 07:07 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
more...
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acecupid
07-16 12:42 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
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Blog Feeds
06-17 08:30 PM
From the LA Times: A �forgery-proof� worker ID card, secured with biometric data such as fingerprints, is a favored idea of the new chairman of the Senate immigration subcommittee, Charles E. Schumer (D-N.Y.). Schumer, who will lead the effort to craft the Senate�s comprehensive immigration reform legislation, has publicly espoused the card as the best way to ensure that all workers are authorized. �The ID will make it easy for employers to avoid undocumented workers, which will allow for tough sanctions against employers who break the law, which will lead to no jobs being available for illegal immigrants, which will...
More... (http://blogs.ilw.com/gregsiskind/2009/06/schumer-suggesting-national-worker-id-card.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/schumer-suggesting-national-worker-id-card.html)
more...
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bkshres
10-07 12:47 PM
thanks for your response. My lawyer said she mailed with Fedex and it was delivered 3 weeks back. She is saying these days it takes 3-4 weeks to get receipt notice. but I am not sure whether its true or its just my case getting lost somewhere.
How long should I wait and what should I do next?
How long should I wait and what should I do next?
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pibeeneri
12-20 05:44 PM
And yes I Have The Lin Number... The Officer Told Us By Phone...
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kannan
11-17 12:42 PM
Hi
Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....
Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....
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techbuyer77
07-17 08:31 PM
up :(
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krishna_brc
10-21 02:54 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
a2k2
01-13 03:01 PM
In the interview letter I received they did ask for Medical but it also mentioned I could attend even if I do not have it. After attending the interview it did feel like that was the reason why they called us - they wanted my wife to go throught her medical again.
Sorry I'm not sure of I684(Affidavit of Support). They did not ask me for it.
Sorry I'm not sure of I684(Affidavit of Support). They did not ask me for it.
alterego
12-04 07:23 PM
Indeed. 140s are getting a lot of RFEs nowadays and are once again taking nearly a year. It is a brave soul that will avail themselves of the AC21 180 portability provision without an approved 140 petition.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
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