smartboy75
10-01 06:35 PM
If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
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prasadn
02-05 11:54 AM
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
indyanguy
09-09 11:50 AM
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?
By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?
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DDash
08-06 04:36 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
more...
cableching
08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
more...
golgappa
08-17 05:05 PM
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
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NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
more...
waitingGC
03-09 08:47 AM
It says India took a total of 41254 visas, but if you total the columns including family pref it comes to 32030. What am I missing?? Anyway how does it matter...
Did you add up the visas issued in Indian?
Did you add up the visas issued in Indian?
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sixburgh
07-16 11:10 PM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
But if the dates are current for you, can you just not reapply for 485 ?
more...
vamsi_poondla
02-04 05:05 PM
I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport
If a DUI can cause automatic rejection of I-485, will this be OK at the Port Of Entry? The answer is obvious. Should do as advised by the attorney not as experienced by others on a forum.
If a DUI can cause automatic rejection of I-485, will this be OK at the Port Of Entry? The answer is obvious. Should do as advised by the attorney not as experienced by others on a forum.
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pappu
03-27 12:08 PM
IV can contact this organization since they have contact with media and have done research on immigration
http://www.epic.org/epic/board/burnham/
http://trac.syr.edu/tracdhs/index.html
http://www.epic.org/epic/board/burnham/
http://trac.syr.edu/tracdhs/index.html
more...
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nashorn
08-12 03:02 PM
They are still processing application received on July 2nd now. I bet none of the application received on July 3rd and later has not been opened yet. So they are safe.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
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malibuguy007
07-21 11:31 PM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
more...
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kaushik07
10-30 02:46 PM
Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.
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sattar419
05-05 11:11 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
more...
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diptam
08-10 12:05 PM
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
Hi,
Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.
Thanks!
Lasantha
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
Hi,
Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.
Thanks!
Lasantha
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indianabacklog
07-27 09:40 AM
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
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rb_248
04-15 11:07 AM
Is it B1 or B2 visa ?
SGP
12-11 06:38 AM
You are EB2 and should be very happy. Imagine the pain of EB3 guys.
You will get your greencard in no time.
If you are depressed and frustrated in EB2, what do you think EB3 is?
So true !
You will get your greencard in no time.
If you are depressed and frustrated in EB2, what do you think EB3 is?
So true !
nogc_noproblem
09-26 10:15 PM
Congrats!!!
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