snathan
04-25 11:26 AM
yawn
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Sai gc
05-15 12:41 PM
hey ,
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
FixCIS
01-24 12:51 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
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desi3933
09-25 02:28 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
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amitga
10-01 12:38 PM
When will newly elected Congress start the new session?
skalra
12-06 11:11 PM
- Based on personal experience and not a professional advice
- I am assuming your PD is not current yet
I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.
If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)
- I am assuming your PD is not current yet
I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.
If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)
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amsgc
01-23 12:08 AM
The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
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sathweb
01-13 05:14 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
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sands_14
10-21 02:39 PM
my wife's ssn is tuck because of no online update of her h1 approval.It still shows Pending & received 4months after approval letter received.
What can i do to expedite the process??
Please advise
What can i do to expedite the process??
Please advise
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amitga
11-03 11:18 AM
I hear they will try again to attach the provisions to other bills. Hopefully we will jump in too. Kudos to iv's efforts. If I can sit pretty for the moment with a 485 filed it's thanks to IV. Please keep going.
Where did you hear this ?
Where did you hear this ?
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Fitz
07-17 10:50 AM
I'm in the same position as yourself - TN currently, H1 approved for Oct 1. Even if my visa # becomes current, I am waiting until Oct 1 to file 485, so that I'll be on H1 at that point and I don't have to risk being out of status for even 1 second (in the eyes of USCIS) btwn TN & HI taking effect. I am planning a trip home early August, so I only have to wait an additional 1.5 months for that peace of mind-open visa # window, pending...
Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
Again, just my weekend warrior opinion! Best wishes with it, at any rate!
Fitz
Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
Again, just my weekend warrior opinion! Best wishes with it, at any rate!
Fitz
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TomPlate
07-11 02:09 PM
Guys you should see this
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paragpujara
10-26 11:30 AM
I am 2nd July filer and have received EAD on 09/06. But so far no updates on AP or FP. I guess there are lot many ppl in the same boat.
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rpat1968
09-20 12:14 AM
I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.
My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
more...
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Googler
08-26 10:44 AM
Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
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regacct
10-20 09:51 AM
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
more...
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resident1374
01-29 10:54 AM
Thank you for your reply!
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
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vnsriv
08-14 04:30 PM
I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.
Count me in the R2I for good. My target is next Jun. all the best
Count me in the R2I for good. My target is next Jun. all the best
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at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
GC_Wait2002
07-12 05:42 PM
bump :confused:
eb3_nepa
07-26 10:03 AM
These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p
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