ganesha
07-31 06:09 PM
http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/56_days.jpg
USCIS - Redesigning USCIS.gov (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a4e522e97ccc2210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
USCIS - Redesigning USCIS.gov (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a4e522e97ccc2210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
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kaisersose
05-01 09:44 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.
2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.
2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.
raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
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psaxena
11-19 05:13 PM
Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)
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WeShallOvercome
09-11 01:03 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
SAPGURU
01-04 08:43 AM
Dear friends,
I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.
I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.
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pappu
07-16 10:12 PM
In that case you will have to file I970 (I485+I485) :)
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
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sanju
11-09 12:17 AM
Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.
Cheers,
Cheers,
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wandmaker
10-24 01:00 AM
One correction in wandmaker above response, if it helps
B.Sc (3 years) + MCA (3years) = US Masters or Even M.E
I meant to type M.Sc instead of MCA - Thanks for the correction.
B.Sc (3 years) + MCA (3years) = US Masters or Even M.E
I meant to type M.Sc instead of MCA - Thanks for the correction.
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giddi_raja@yahoo.com
11-02 02:43 PM
It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
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dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
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bestin
05-15 10:20 PM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
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sonia_sd
10-19 07:15 PM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
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lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
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lord_labaku
09-10 10:00 PM
Fantastic campaign
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bluekayal
09-14 01:17 PM
jlt007us, all the best.
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pappu
12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.
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trueguy
10-20 01:37 PM
They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing
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mayitbesoon
07-15 12:01 PM
Thank you. We have just applied for 9th year H1 extension. so, requesting I-140 PP based on the current rules is not possible. I-140 is pending at TSC from Nov 2007.
Can anyone tell me if it is helpful to take info pass appointment and enquire about I-485 if I-140 is still pending. priority date is EB2 Dec 2003.
Can anyone tell me if it is helpful to take info pass appointment and enquire about I-485 if I-140 is still pending. priority date is EB2 Dec 2003.
rajivkumarverma
10-16 08:49 PM
Rajiv,
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
indyanguy
09-18 08:33 PM
july 2nd filer. transfer notice receipt date is aug 30th. This is confusing! Can someone please clarify:mad:
