vss
09-23 12:18 PM
Hello folks,
We are left with 5 or 6 working days this month (and this year). Is anybody expecting last minute 485 approvals in this 5 or 6 days? Any unused visas in all categories should be used in coming few days. Let�s see what USCIS going to do with these unused visas. Some people are getting soft LUD�s on their 485�s in last few days, including me.
Let�s hope for the best
Thanks
We are left with 5 or 6 working days this month (and this year). Is anybody expecting last minute 485 approvals in this 5 or 6 days? Any unused visas in all categories should be used in coming few days. Let�s see what USCIS going to do with these unused visas. Some people are getting soft LUD�s on their 485�s in last few days, including me.
Let�s hope for the best
Thanks
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InTheMoment
08-12 06:16 PM
Even when NC is pending the actual EB1/2/3 GC is a regular 10 year validity (validity of the card) GC with no annotations/conditions.
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
oldguynewguy
11-17 04:08 PM
Hello,
I am currently on H-1B with AoS pending. My visa stamp has expired (over a year ago) but 797 is valid. My AP has also expired. I am planning to travel to India. Do you recommend renewing my H-1B stamp which is valid for another 1.5 years or renew Advance Parole and travel on that.
Do I need to extend my EAD even if I am on H-1B and would like to stay on H-1B and do I need to extend my wife's EAD at this time. She is currently not working and there is no immediate need. Can I renew it at a later time.
Your assistance will be greatly appreciated.
Thanks.
I am currently on H-1B with AoS pending. My visa stamp has expired (over a year ago) but 797 is valid. My AP has also expired. I am planning to travel to India. Do you recommend renewing my H-1B stamp which is valid for another 1.5 years or renew Advance Parole and travel on that.
Do I need to extend my EAD even if I am on H-1B and would like to stay on H-1B and do I need to extend my wife's EAD at this time. She is currently not working and there is no immediate need. Can I renew it at a later time.
Your assistance will be greatly appreciated.
Thanks.
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SL%%
08-17 09:17 PM
I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:
- USCIS is playing safe
- USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
- USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).
- USCIS is playing safe
- USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
- USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).
more...
rajenk
09-16 04:48 PM
USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.
My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).
Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....
Is there any thing that I could do about this?
Thanks,
Raj:(
Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!
My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).
Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....
Is there any thing that I could do about this?
Thanks,
Raj:(
Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!
sparklinks
06-16 09:55 PM
In my case they made 4-5 attempts before it was delivered...
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
more...
mhathi
04-15 11:59 AM
I had the same problem.
You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:
put '0' for wife's AGI and e-file.
IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.
(turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.
Thats it!
You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:
put '0' for wife's AGI and e-file.
IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.
(turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.
Thats it!
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drirshad
08-07 07:28 AM
Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.
more...
ameerka_dream
05-06 03:52 PM
Guys,
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
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yingli
08-25 02:57 PM
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
more...
questions
06-09 11:15 AM
That's a lot of$ for me :)
Thank you for the advise.
Thank you for the advise.
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pdakwala
04-29 11:23 AM
Guys,
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
more...
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sweet23guyin
09-25 12:04 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
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permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
more...
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go_guy123
09-16 04:38 PM
I
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
support for CIR. And they will hold EB2/3 reform hostage till that time.
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
support for CIR. And they will hold EB2/3 reform hostage till that time.
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pooja_34
10-17 09:33 PM
We never had to tell the IO to do anything. They knew what to do.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
more...
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LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
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Leo07
06-15 10:53 AM
Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.
H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.
H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...
Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.
Best of Luck!
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.
H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.
H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...
Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.
Best of Luck!
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
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Googler
02-08 03:12 PM
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
cox
October 6th, 2005, 10:24 AM
Have you noticed that it noticably degrades the image quality? Your little birds look pretty good, and I got a squirrel I was happy with, but these geese were not quite as sharp as I would have liked.
Also, do you have any tips for dealing with the short focal range? Did you use binds or something for the little birds?
Also, do you have any tips for dealing with the short focal range? Did you use binds or something for the little birds?
whoever
07-25 03:48 PM
now what you want to protest for? i guess it should not be misused.
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