thakkarbhav
02-09 10:17 AM
For I485, you and your lawyer (name on current G28) will get copy of the RFE. If you are planning to continue with the new lawyer then pls complete G28. Thanks.
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saimrathi
07-02 02:06 PM
I agree.. lets move on..
vin69
02-10 10:07 PM
Thanks raj2007 and ras for your response
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akkakarla
08-05 05:38 PM
I am having a proiblem with the I140 approval and I485 visa requested in wrong category. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?
more...
tinamatthew
07-21 01:05 PM
am I in Status or Out of Status?
1) What is the expiry date on your i-94?
2) What non-immigrant status where you in from 2006 till June 30, 2007?
1) What is the expiry date on your i-94?
2) What non-immigrant status where you in from 2006 till June 30, 2007?
Voetsjoeba
08-29 11:57 AM
And I'm looking for someone who would give me 10 billion, but hey, whatcha you gonna do ? :sigh:
Geez, they're getting worse by the day.
Geez, they're getting worse by the day.
more...
gsc999
09-24 03:04 PM
bump
2010 and Rozay (whose Self Made
ameryki
02-26 10:26 AM
Nishant,
I believe a majority of those problems are for H1-B's that are consultants and move around on different projects. In your case it appears like you have a stable and consistent role given that you have been with the same employer for so long. Hope this helps.
I believe a majority of those problems are for H1-B's that are consultants and move around on different projects. In your case it appears like you have a stable and consistent role given that you have been with the same employer for so long. Hope this helps.
more...
sc09876
07-29 09:55 AM
Hi,
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
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DallasBlue
07-31 08:15 PM
check out this http://immigrationvoice.org/forum/showthread.php?t=5400
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
more...
chozo888
05-19 01:21 PM
All,
My PD is 11/2003 and my case was transfered to PA backlog center, I have not heard anything since then.
My employer wants to call the Senators and Congressmen to see if they can expedite this process.
Could you please provide some suggestions on:
1. What should the employer tell to the law makers?
2.How will the law makers help me?
3. Do you have any fax/email templates?
4. Any other suggestions?
Thank you all for your help.
My PD is 11/2003 and my case was transfered to PA backlog center, I have not heard anything since then.
My employer wants to call the Senators and Congressmen to see if they can expedite this process.
Could you please provide some suggestions on:
1. What should the employer tell to the law makers?
2.How will the law makers help me?
3. Do you have any fax/email templates?
4. Any other suggestions?
Thank you all for your help.
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Refugee_New
04-08 01:01 PM
Hello
I received the following LUDs on my I-140
Soft LUD 03/28/08
Soft LUD 03/30/08 (Yeah on Sunday)
Soft LUD 03/31/08
can anyone tell me what is going on? My I-140 filing date is 6/13/2008 EB3 Category(India), NSC
Thanks
This means nothing.
I received the following LUDs on my I-140
Soft LUD 03/28/08
Soft LUD 03/30/08 (Yeah on Sunday)
Soft LUD 03/31/08
can anyone tell me what is going on? My I-140 filing date is 6/13/2008 EB3 Category(India), NSC
Thanks
This means nothing.
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permfiling
05-18 11:09 AM
If new position is similar in responsibilities, then no effect. but if the responsibilities are changing, I would recommend talking to your immigration lawyer about it
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
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485_spouse
03-13 01:30 PM
I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...
you can not file I-485 for your wife till PD becomes current.
I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.
you can not file I-485 for your wife till PD becomes current.
I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.
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wandmaker
12-10 11:54 PM
can we call to customer care and change the name on tht.
You can call USCIS and notify the error, they will tell you how to refile.
You can call USCIS and notify the error, they will tell you how to refile.
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ash27
09-25 01:59 PM
Thanks. Do you know if SSN is required before they can accept any offer/join office?
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SGP
11-06 05:06 PM
I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
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Ramba
04-06 05:34 PM
Hi, I have a question.
1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?
You can not get two chicken from one egg. One LC can produce one GC only.
1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?
You can not get two chicken from one egg. One LC can produce one GC only.
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zram1977
09-15 11:05 PM
Guys,
I found some new information and it seems that few people who are still waiting may get some clue if not complete idea. Basically I found that when your PD is current the the IO will initiate the FP, Namecheck, IBIS check again when your AOS is in "Final Approval, Visa Available" state. Some IOs would just refresh the FP they have on file and some request another . But namecheck is something that you have to go through again. So if you get stuck in namecheck again, then that could be the reason for the delay since NC takes forever.
Can you please share the source of this info?
Is it a learned experience or from a published source ?
Any info is highly appreciated.
Thanks
I found some new information and it seems that few people who are still waiting may get some clue if not complete idea. Basically I found that when your PD is current the the IO will initiate the FP, Namecheck, IBIS check again when your AOS is in "Final Approval, Visa Available" state. Some IOs would just refresh the FP they have on file and some request another . But namecheck is something that you have to go through again. So if you get stuck in namecheck again, then that could be the reason for the delay since NC takes forever.
Can you please share the source of this info?
Is it a learned experience or from a published source ?
Any info is highly appreciated.
Thanks
ho_gaya_kaya_?
07-15 12:25 PM
Have you considered undergoing sex-change operation ?
I mean it is an option after all... and you may get to understand women as well in the process
just kidding...
Good Luck :)
I mean it is an option after all... and you may get to understand women as well in the process
just kidding...
Good Luck :)
kannan
03-21 03:41 PM
Today I had an Infopass Appointment at 10 am. The IO told me, my NC is pending that's why I did not get FP.He told me to wait till July (ie is one yr from the date of applying)then open SR.
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