freetospeak
07-18 07:17 PM
Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
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fide_champ
08-04 05:41 PM
Please see my answers inside:
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
BharatPremi
07-12 10:57 AM
Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait
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fortune50
07-17 10:52 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
more...
Dandruff
02-11 09:55 AM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
fran5477
02-19 09:44 AM
Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.
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saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
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justsomeguy
07-12 10:00 PM
who said it was easy - all im saying is, the PD portability law becomes contradictory when there's no law to prevent employers from withholding I-140 or labor approvals.
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chinna2003
03-11 05:21 PM
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
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kumar1
08-05 06:43 PM
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
I must tell you......I loved your response.
I must tell you......I loved your response.
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desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
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basav
08-04 02:30 PM
Awaiting for the response from experts, kindly help.
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sapota
03-17 03:02 PM
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.
I know cos I am one such unfortunate case.
I know cos I am one such unfortunate case.
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vaishnavilakshmi
11-13 09:08 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
Hi,
As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!
Anyway wish u goodluck,
Please update ur post when u recieve the document mailed by USCIS,
thanks,
lakshmi
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
Hi,
As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!
Anyway wish u goodluck,
Please update ur post when u recieve the document mailed by USCIS,
thanks,
lakshmi
more...
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sreedhar
11-06 10:22 AM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Why you worried about PDs...Yours is 2007....have to wait several years.:D
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Why you worried about PDs...Yours is 2007....have to wait several years.:D
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Jaime
09-07 03:05 AM
How many more before Congress acts?
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
more...
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chanukya
05-23 07:35 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
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Green.Tech
06-19 01:56 PM
Bump.
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jonty_11
01-15 04:32 PM
Canada Consulate Buffalo Letter states "please take test withing 120 days of this letter" Does that mean I have to only take the test withing 120 days OR
take test, get results, mail them the results within 120 days...
I think its the latter....but what if ELS test center delays results...?
I think local ELS center is closed today due to MLK holiday...will call tomorow and see if then conduct this test ..
take test, get results, mail them the results within 120 days...
I think its the latter....but what if ELS test center delays results...?
I think local ELS center is closed today due to MLK holiday...will call tomorow and see if then conduct this test ..
mambarg
08-05 06:13 PM
With 700K predicted applications pending From July ,
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
sr123
11-21 09:10 AM
Semt email.
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