rkgc
08-20 02:02 PM
Hi All,
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
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H4_losing_hope
02-13 04:33 PM
H1B or not to Be is the question ?
join IV for the answers ;)
I like this one!
join IV for the answers ;)
I like this one!
sw33t
05-21 08:49 AM
<start sarcasm>
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
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fcres
07-06 01:19 PM
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
more...
redds777
01-14 01:05 PM
Hi
Congrats on ur GC . can you tell us what was ur wife's EB2 priority Dt.
Thanks
Congrats on ur GC . can you tell us what was ur wife's EB2 priority Dt.
Thanks
rajeshalex
11-27 04:56 PM
U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
more...
SDdesi
08-29 05:01 PM
This includes 2nd July 2007 received date.....
Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
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mss007
04-21 03:05 PM
I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
more...
gcdreamer05
01-15 06:14 PM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
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smuggymba
03-07 01:24 PM
How many years do you have left on your H-1?
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
more...
fcres
08-09 10:19 AM
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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MightyIndian
06-05 11:24 PM
The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
more...
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GlobalCitizen
07-26 09:07 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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Kodi
05-02 09:47 AM
I entered with 2 months to spare and they didn't even question. And I was on my 6th year.
more...
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geniousatwork
03-31 12:16 PM
Congratulations...
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ghost
08-21 03:09 PM
You are right and it is disastrous unless some law passes. More information can be found at: http://immigrationvoice.org/forum/showthread.php?t=1358
more...
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VDaminator
06-09 07:51 PM
Here is my return volley it didnt come out the way I wanted but I kind of like it the way it is.
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raamskl
10-04 08:30 PM
Thanks for sharing.
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rb_248
01-21 08:01 AM
hi dionysus
i got this from some requirement agencies
Dear sansas,
We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.
Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.
Thanks
i got this from some requirement agencies
Dear sansas,
We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.
Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.
Thanks
venram
01-09 02:42 PM
When is it scheduled to publish? My guess is EB2 would move towards end of 2001 and slight or no movement in EB3.
harivenkat
05-11 01:06 PM
This is happening right now
Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.
C-SPAN Video Player - Senate Judiciary Cmte. Hearing on U.S. Citizenship and Immigration Services (http://www.c-span.org/Watch/Media/2010/05/11/HP/A/32807/Senate+Judiciary+Cmte+Hearing+on+US+Citizenship+an d+Immigration+Services.aspx)
Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.
C-SPAN Video Player - Senate Judiciary Cmte. Hearing on U.S. Citizenship and Immigration Services (http://www.c-span.org/Watch/Media/2010/05/11/HP/A/32807/Senate+Judiciary+Cmte+Hearing+on+US+Citizenship+an d+Immigration+Services.aspx)
