Munna Bhai
12-17 01:47 PM
Sorry I was away from my computer for a while.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.
wallpaper short black women haircuts.
jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
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desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
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golgappa
10-17 09:51 PM
rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..
babuworld
02-08 11:11 AM
Hi,
I filed it for my wife. Please follow the following steps
1. https://efiling.uscis.dhs.gov/efile/ Register your by clicking on new user
2.After Registering it will ask you to select with forms you want to file online.
3. Select I-765 (EAD) file . Make sure you have the following information with you Passport number,Current I-94, DOB, A# number etc, H1B or H4 info ready.
4. Once you fill the form , it will ask for credit card information.
5. Once you submit the form . it will automatically generate LIN number for you.
6. Please Post that form to TSC or NSC what ever center you belong.
NOTE: Please do not post any other document unless asked by USCIS.
7. You will get Recipt number in One week also you will get Figure Print Notice the following week.
Hope this information will help you alot.
I did efiling for Myself and we got Receipt Notice is one week. Figure Print in next week and EAD in 11 weeks.
Good Luck!
Thanks,
babuworld.
I filed it for my wife. Please follow the following steps
1. https://efiling.uscis.dhs.gov/efile/ Register your by clicking on new user
2.After Registering it will ask you to select with forms you want to file online.
3. Select I-765 (EAD) file . Make sure you have the following information with you Passport number,Current I-94, DOB, A# number etc, H1B or H4 info ready.
4. Once you fill the form , it will ask for credit card information.
5. Once you submit the form . it will automatically generate LIN number for you.
6. Please Post that form to TSC or NSC what ever center you belong.
NOTE: Please do not post any other document unless asked by USCIS.
7. You will get Recipt number in One week also you will get Figure Print Notice the following week.
Hope this information will help you alot.
I did efiling for Myself and we got Receipt Notice is one week. Figure Print in next week and EAD in 11 weeks.
Good Luck!
Thanks,
babuworld.
more...
KanME
11-14 09:30 PM
The December bulletin is extremely frustrating.
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
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JA1HIND
01-26 11:04 AM
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
more...
gccovet
06-09 09:22 AM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
Keep you head cool, don't panic (i know, it is easy to say...)
First things first,
Launch a police complaint (this is very essential). (Get 8-10 photocopies made for these).
Take the complaint number and papers from police to Indian consulate and get a passport (1 year validity passport will be issued in 2-3 working days in this situation). I hope you have photocopies of your old passport including VISA page (hope you have I-94 photocopy as well). Approach local USCIS office and give them your stolen passport photocopies, complaint papers etc. They might be able to help.
My friend went thru even worse situation then you are in, his laptop bag with his passport, money, cell phone etc.. Got stolen from Frankfurt airport while was flying from Delhi to JFK, he got stuck in Germany for 4-5 days. He was in very bad shape, fortunately, he had few dollars and credit cards (corporate and personal with him)..... He was able to enter into USA on 5th day. I quoted my friends incident here just to boost your morale. Keep tight, hang in there.
HTH
GCCovet
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
Keep you head cool, don't panic (i know, it is easy to say...)
First things first,
Launch a police complaint (this is very essential). (Get 8-10 photocopies made for these).
Take the complaint number and papers from police to Indian consulate and get a passport (1 year validity passport will be issued in 2-3 working days in this situation). I hope you have photocopies of your old passport including VISA page (hope you have I-94 photocopy as well). Approach local USCIS office and give them your stolen passport photocopies, complaint papers etc. They might be able to help.
My friend went thru even worse situation then you are in, his laptop bag with his passport, money, cell phone etc.. Got stolen from Frankfurt airport while was flying from Delhi to JFK, he got stuck in Germany for 4-5 days. He was in very bad shape, fortunately, he had few dollars and credit cards (corporate and personal with him)..... He was able to enter into USA on 5th day. I quoted my friends incident here just to boost your morale. Keep tight, hang in there.
HTH
GCCovet
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lostinbeta
10-21 01:39 AM
W00t!!!!!!!
I love it =)
I love it =)
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JunRN
01-27 06:42 AM
With the July filers coming into the picture, I think TSC and NSC will stick to the current trend. TSC will still be processing i-140 within 6 months and NSC within 10 to 12 months.
However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.
However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.
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immi_enthu
08-28 11:44 AM
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531
Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041
Attorney_13
Attorney posted December 02, 2006 10:55 AM
--------------------------------------------------------------------------------
The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041
Attorney_13
Attorney posted December 02, 2006 10:55 AM
--------------------------------------------------------------------------------
The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
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s416504
12-03 03:02 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
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lskreddy
07-30 11:22 AM
These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
more...
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ganguteli
04-23 01:16 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
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TwinkleM
06-24 12:14 AM
My H1 filed & approved thorugh company A from October 2004.
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
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karthiknv143
08-02 01:26 PM
Friends,
This is over and ordered to lie on table...... Moderator please close this thread...
This is over and ordered to lie on table...... Moderator please close this thread...
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10-10 11:55 PM
ummm... the entries list link you have here goes to "the orange contest" entries list
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jagan13
02-22 04:35 PM
HRPRO,
Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.
vactorboy29,
I am glad the Chicago CGI was helpful in your case.
I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.
Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.
vactorboy29,
I am glad the Chicago CGI was helpful in your case.
I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.
cecil1558
10-15 03:38 AM
Thank you for posting this enlightning article. I think some of it is very true, give it fifty years and oriental Asia will have become an even greater threat to the US� leadership, if not ended it completely. I�ve never looked into this, so I�m asking: Aren�t there different immigration rules that aren�t as strict when you actually study in America? And when you go study there, do you need immigration permission and does it take you this long to get it or what?
signin241
07-24 07:21 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
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