desi485
11-18 06:53 PM
Amazing progress NSC from July 04 - > July 05 :D
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
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naveenk
07-22 08:34 PM
hi all,
I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information
Regards,
Naveen
I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information
Regards,
Naveen
desi3933
07-05 03:32 PM
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
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EndlessWait
12-30 06:48 PM
if not ..u should take a chance
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Munshi75
06-13 02:09 PM
Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.
This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.
This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.
sk2006
05-25 01:21 AM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
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tcsonly
07-16 03:47 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
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mdcowboy
02-17 07:38 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.
You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.
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dealsnet
07-10 11:08 AM
You can't take any pay check from other entity.( same owner does't mean same company- you may need to amend the petition, if you have diffrent job site with same pay check). You can take a part time H1B and work other site with diffrent pay check. If you have EAD (I-485 filed) you can take any pay check.
Hi,
Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).
Any answers would be highly appreciated.
Thank you.
Hi,
Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).
Any answers would be highly appreciated.
Thank you.
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lvaka
09-02 09:24 PM
CORBA, is a Federal Government law to save individuals who loose job. Every insurance company should provide you this insurance for about 6 months (not sure about the length and price) at the Employer negotiated price. You should get a notification from your current insurance company each time you change your employer.
Then its upto you to take it for that limited time before you get your next job. What happens if we dont take the insurance in between? Next time you take insurance, if they find that u dont have insurance for some time, then they will not cover any pre existing conditions and they might ask you to take some tests. Its all headache.
But its worth finding out more details rather than ignoring it.
Then its upto you to take it for that limited time before you get your next job. What happens if we dont take the insurance in between? Next time you take insurance, if they find that u dont have insurance for some time, then they will not cover any pre existing conditions and they might ask you to take some tests. Its all headache.
But its worth finding out more details rather than ignoring it.
more...
gotgc?
08-13 10:39 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
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GCSOON-Ihope
11-07 10:08 AM
but unless someone personally recommends it is difficult to know which ones are good. even large well-known firms have made many errors, even after charging high fees
You are 100% right. Choosing an attorney is always kind of a gamble.
That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
You can find an attorney who has worked wonders for many people and...
he screws up your application (that happened to me :mad: :eek: ).
You are 100% right. Choosing an attorney is always kind of a gamble.
That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
You can find an attorney who has worked wonders for many people and...
he screws up your application (that happened to me :mad: :eek: ).
more...
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shreekhand
08-20 01:55 PM
I didn't quiet get from your message whether the "08xxxxxxx" has an "A" preceding it. In all probabilty it should.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
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texanmom
08-14 05:58 PM
I do not believe the EAD and AP are tied to the priority date, especially if you have already filed the 485.
Gurus- correct me if I am wrong.
Gurus- correct me if I am wrong.
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semiGator
01-07 09:38 AM
Not sure if this help, but... http://www.uscis.gov/files/pressrelease/Public.pdf
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Ramba
07-29 12:55 PM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
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delhikadesi
05-03 10:00 AM
thats bad to hear beautiful mind..
sometimes we say things without the complete context...
in that case you deserve to be eb2
sometimes we say things without the complete context...
in that case you deserve to be eb2
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forever
08-03 10:24 PM
Any link?
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
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kkking
11-02 06:41 PM
hi guys, are you guys able to see the status online? I am not.
MCQ
10-26 04:03 PM
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
canmt
11-14 03:01 PM
This could mean that USCIS has started to processing I-485 applications faster and you'll get your green card as soon as FBI clears the name check...
Good luck on your green card pursuit...
Good luck on your green card pursuit...
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