illa romza

You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.

I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.

The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.

You seem to have it all under control. Have confidence in yourself and get the applications sent in.

Thanks for encouragement,
It's always scary the first time. : )

Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.

Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?

thanks again,
NS

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What has the Name Check initiation got to do with the submission of finger prints...Nothing.

I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).

Would believe the dates the IIO gave you.

Well, some people think it is of no use trying to predict anything. I have a slightly different opinion. If I had known this kind of thing could happen to me eight years ago (or at least five years ago), I definitely have chosen a different path. The same thing applies to now. If I could have a glimpse of five years from now, I might choose a different path.

Predictions work if it is based upon reasonable data and calculations. I think it would be actually humane of USIC if it could supply more statistical data about the number of applicants they are getting and the rate they are processing or even the projection of cut off dates for next two years. Of course we will not blame them if it deviates. They can simply say it is subject to change to avoid any legal complications. They are the organization that has most information after all. I think it is something we can suggest to law makers, too. Nobody likes surprises anymore in modern life. The more we can see the future, the better decision we can make and the less time we lose in vain.

I am not saying we can be negligent for necessary law changes but we have to think of various scenarios with probabilities.

I am also thinking IV core members may have a better statistical data from the members. These statistical data are actually very important if we use them well. ( I am not saying exposing private info.) The numbers talk louder than words. The same rule applies to law makers as well.

Will it work if the parole stamp on I 94 has expired ?
Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
Thanks for your input .

hi tx1 thanks for your reply.

But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)

This is why it caused confusion for me. (even after reading 485 instructions)


Also i read IV forums and saw attorneys recommend filing to the 485 pending center.

So that is why i posted this question to the attorneys.

hahaha.. this is so funny.

Good one. Please keep it coming. :D

There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

Doctor: Ok..Take off your pants and let us have a look at your friend.

thats bad to hear beautiful mind..
sometimes we say things without the complete context...

in that case you deserve to be eb2

so you can setup your own LLC. start hiring people?

Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.

Interesting, in that case we all are approved :)
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.

He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

:-) May be NSC approves application :-) as practically NO ONE can stop them..

Again this is based on my call to actual live human being at NSC..

My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????

Please correct your profile

i spent around 3000$ for studies, could get only 2000$ under lifetime...

is there anyway i can claim the entire 3000?

I would encourage you to talk to a doctor of Indian origin. Also she may need to do a 3 year residency...

It is a rosy but somewhat risky idea to submit AOS and I-140 concurrently. If the I-140 is rejected, so is the AOS. Premium processing helps take the guesswork out of the game (but only for the first I-140 applied using original LC) as you quickly come to know the fate of your I-140.

Cannot predict anything but my hunch is PP will be back in Oct 2007 for I-140's.

And now if you found this commentary useful:) please submit your vote here, and please plan to attend the rally!
http://immigrationvoice.org/forum/showthread.php?t=12441

Thanks man. I see that there is a different thread going on RFEs on I-485.

I think dec 2006 must not be a mistake, as thats the date they are showing they are working on............

This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.

G

Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead

Chanduv23,

I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"

best

Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...

Thanks!

Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

To AILF/AILA,

I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .

VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit

I am wrong in my number. I added 10% to EB-1,2 and 3 all separately

I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.

Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.

But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????

Any words of wisdom�.

Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
Sorry, I meant EB2 India. Corrected it.

Hi
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?

Thnks

My wife's federal loan got approved with expired I94 stamped as parole

Congrats bluez25!

Guys,

I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

I would suggest going to the ssn office with all the documents and see if you can apply...

This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.

this guy is trying to take away jobs from Americans and Indians. If people will go on a fast what will happen to the lunch places????

Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
---
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.

either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.

ps : give me green if this helps.

Thx


Mr Haider

Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

either way we need more details to help you dude

- cheers
kris

Sreenuuk,

The mercury is high these days on the forum...the bar is really low for the tipping point. Take it in stride :)

AmericanDesi,

you hit the nail on its head.

USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.

We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...

Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...

I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?

pal :)

Any recent experiences please.
How easy or difficult is it.

Is it any different in Chennai or in Hyd.

I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.

Is Canada better.,

Thank you
Bobby.

If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.

In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.

Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

Do the following:

If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.


If you don't receive the physical copy before AUG-17

1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

Good Luck.


My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

Do I need physical copy of my approved LC to file 140?

Replies will be greatly appreciated

Passage of Immigration reform in the senate was not at all a problem, they have passed it more then once before. It is the house that rejected all of them. No wonder pelosi dosn't want any of it :), but again she is a strong women who passed health care reform... There is more probablity of this thing going through if the house passed the resolution first, just like the other legislation.

My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.

Memphis TN..
Please add me in local chapter

While eating dinner last night, I noticed a pitcher and glasses set in our china cabinet and decided to try a studio shot. I used one of my wife's black dresses, hung from the light fixture over our dining room table, as a backdrop. The glasses are sitting on a lens and various bowls and cups to raise them to the levels I wanted. I used white poster board on either side to reflect some light. Light source is a single flash unit bounced off of the ceiling. Thoughts on what I could do to make the shot better, aside from spending $2,000 to buy studio lighting equipment?
Thanks,
Gary

300D camera on tripod, Sigma EX 24-70 lens at 45mm, 1/20 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware.jpg

300D camera on tripod, Sigma EX 24-70 lens at 42mm, 1/15 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware3.jpg

I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.

This would make a statement that we are well off and out only problem is the delay in GC

http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/

ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..

See answers below, IN CAPS.

I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?

NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.

2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?

IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.

3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?

NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.

Thanks.

Thanks nozerd & GVR for the responses. Helps out a lot in planning the trip.

I guess googling the SIN application process would help, but if you have reliable pointers please send them this way.



At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.

You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.

Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.

My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?

This is my openion.

Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.

You can own the company while being on H1b, You will need to partner with a CPA and get immigration attorney involved.

Check this :

MurthyDotCom : Start-Up Companies (http://www.murthy.com/startup.html)
I am on H1B, Can i register company and employ an american citizen as the CEO and run a resturant... - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5374040662&m=1761062081)

When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?

Or is the receipt number enough ?

Hi all,
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.

Thanks in advance

Ask your lawyer to inform USCIS about the name change.They will send all supporting documents like marraige certificate, drivers license etc. If you want to change it after getting the green card, you will have to file form I-90 and pay $300 fee.

I looked at converting to RIR but there seems to be no point in changing. There is no guarantee that an RIR application will be processed before an TR. Also, they are picking up applications in random order and not FIFO. So, I decided against the conversion.

PD: EB2 India- Sept 02

Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.

if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)



After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

Thanks in advance,
Ashok...

Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you

Rahul.

Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us. I have LUD on 140 for 7-13, on 485 application for 08-04

We did my wife's h4 stamping when landed in canada for PR. this was 3 years ago..

Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.

just ignore H-1. you need not worry as you filed AOS. you need the H-1 approval only if you want to keep maintaining H-1 status by filing H-1 transfer with your new employer otherwise you can just ignore the H-1 you already filed. if you still want to revoke the H-1 petition, only your employer can do it as it is your company's petition.

How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.

Because 2006 is CURRENT.

You probably have to wait for your YEAR to become CURRENT.

We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...

Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...

I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?

pal :)


Hi pal,

Two things -

a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.

b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?

I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.

Hope this is helpful!

.

Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!

No it is the same company

First of all congrats!

My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

http://www.onetcodeconnector.org/ccreport/15-1021.00

The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).

Thanks for sharing the expericence?

My question is why they need Biometrics again for renewing EAD?

3 years visa. It is not a startup company but not very big company. She is not into software.
But does she got 3 years while transferring H1? Is she transfer through a startup company?

-jignesh