zico123
06-19 09:54 AM
thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
If you cannot get an appointment for interview you can schedule an Emergency Appointment at your consulate. Check consulate website for details.
If you cannot get an appointment for interview you can schedule an Emergency Appointment at your consulate. Check consulate website for details.
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tg999
07-19 04:11 PM
Even i have the same problem. I filed my I485 on July 2nd. I have a another labour from different company. I want to use the new labour. My current employer with whom i have my new labour told me to put stop payment on the 485 checks given to USICS so that they will send the 485 application packet back. I am not sure whether we can do
a stop payment to USICS. Spoke to couple of employers and heard that they usually do that for H1B(stop payment). Please adivse.
a stop payment to USICS. Spoke to couple of employers and heard that they usually do that for H1B(stop payment). Please adivse.
dehradoon
10-09 04:25 PM
Hi,
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"
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moolivkkr
07-19 03:18 PM
Hi Guys,
I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
Skilled Workers May See Green-Card Surge (Link:
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)
With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.
We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are
Information that can be captured to indicate the wait time and different ways we are affected.
Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives
A) Family torn apart (kids growing older than 21, etc)
B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities
C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)
D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.
E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.
F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.
G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.
More can be added based on others experiences.
It would be great to get some information about Taxes paid (percentage) by immigrants,
Number of businesses opened etc to make the case stronger.
I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
Skilled Workers May See Green-Card Surge (Link:
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)
With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.
We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are
Information that can be captured to indicate the wait time and different ways we are affected.
Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives
A) Family torn apart (kids growing older than 21, etc)
B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities
C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)
D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.
E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.
F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.
G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.
More can be added based on others experiences.
It would be great to get some information about Taxes paid (percentage) by immigrants,
Number of businesses opened etc to make the case stronger.
more...
st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Blog Feeds
10-15 12:10 PM
A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
more...
nat23
07-12 09:23 AM
bumping up
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
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Prashanthi
08-27 02:04 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
more...
sheela
09-10 07:14 PM
I think it would be better idea to call them and find out their hours of operation. The address is usually given on the FP notice letter.
All the best!
I think: We donot have a choice. We have to show up on the day and time given on FP notice. If we can't- we have to request uscis for re-scheduling.
All the best!
I think: We donot have a choice. We have to show up on the day and time given on FP notice. If we can't- we have to request uscis for re-scheduling.
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dohko
01-11 08:16 PM
any thoughts?
more...
meridiani.planum
04-07 12:16 PM
How long will it take to get a green card in this category with a PD in 2008?
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
If you qualify for EB2 then obviously go for EB2 (as its current). If you dont have a masters and have only say 2 years of experience, then instead of wasting 3 years waiting for EB2, start a GC in EB3. Once you get past I-140 the PD becomes yours. Now whenever you jump jobs and file GC again (in EB2 say) you will get the 2008 PD. So even if EB2 retrogresses in the future, you would have saved yourplace in ht equeue.
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
If you qualify for EB2 then obviously go for EB2 (as its current). If you dont have a masters and have only say 2 years of experience, then instead of wasting 3 years waiting for EB2, start a GC in EB3. Once you get past I-140 the PD becomes yours. Now whenever you jump jobs and file GC again (in EB2 say) you will get the 2008 PD. So even if EB2 retrogresses in the future, you would have saved yourplace in ht equeue.
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sw33t
07-30 12:07 PM
23 members and counting.
Have you signed up yet?
http://groups.yahoo.com/group/texasiv
Have you signed up yet?
http://groups.yahoo.com/group/texasiv
more...
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rkdownload
09-11 09:49 PM
bump
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theMan
01-14 12:17 PM
No issues on both fronts as long as you have adhered to the terms and conditions while obtaining the Canadian Visa. I had similar circumstances in the recent past.
A factor to consider is the unpredictable time spent at the secondary inspection when returning. I am not sure how that will work when you drive across the border.
A factor to consider is the unpredictable time spent at the secondary inspection when returning. I am not sure how that will work when you drive across the border.
more...
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PD_Dec2002
03-20 07:58 AM
Can i travel back to USA via London/UK without a valid US visa but with a valid AP?
London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.
My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.
Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.
Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.
Thanks,
Jayant
London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.
My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.
Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.
Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.
Thanks,
Jayant
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wandmaker
02-17 06:18 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
In this economy you need to generate good revenue - this is a good revenue for Indian missions'.
BTW, As far as I heard from Indian Consular Officer in Chicago - Indian Mission has a right to issue a 1 year passport, if (1) Your previous passport had < 10 yr validity or (2) you are on a temporary visa (like visiting or tourist) trying to renew it in overseas or (3) you have not stayed outside India continuously for 3 years.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
In this economy you need to generate good revenue - this is a good revenue for Indian missions'.
BTW, As far as I heard from Indian Consular Officer in Chicago - Indian Mission has a right to issue a 1 year passport, if (1) Your previous passport had < 10 yr validity or (2) you are on a temporary visa (like visiting or tourist) trying to renew it in overseas or (3) you have not stayed outside India continuously for 3 years.
more...
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Berkeleybee
04-06 11:25 AM
It was my understanding that in the current context when people say "Hagel bill" they are talking about the "Hagel-Martinez" compromise on guest worker legalization, not the entire old Hagel bill.
See http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
Is there any concrete article/source that suggests this is not the case?
Berkeleybee
See http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
Is there any concrete article/source that suggests this is not the case?
Berkeleybee
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vinaykadiyam
01-01 12:48 PM
Hi sir,
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
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aioros
05-19 11:17 AM
You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)
or no C at all...
hahahahahaha
hmmm. i tried using pixel fonts but they get so small you can't even see the c anymore ... too small a space. when i zoom in in looks great, but that's not the point. LOL
;)
or no C at all...
hahahahahaha
hmmm. i tried using pixel fonts but they get so small you can't even see the c anymore ... too small a space. when i zoom in in looks great, but that's not the point. LOL
;)
yagw
12-07 07:35 AM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
dionysus
06-14 12:21 AM
Just be truthful in your applications and things will be fine.
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
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