desi3933
07-09 10:30 AM
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
You are ok, if are on EAD and in AOS pending status.
I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.
_____________________
Not a legal advice.
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
You are ok, if are on EAD and in AOS pending status.
I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.
_____________________
Not a legal advice.
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papoopager
04-03 03:23 PM
No problem ..Both are altogether different things
sprash
03-08 11:49 AM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
2011 Re: My ear stretching disaster
Refugee_New
08-15 01:18 PM
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
Hello Sunny,
Do you think i can take your attroney's help to follow-up on my case? Currently no lawyer is representing my case. Do you think hiring your lawyer will help adjudicating my case? Mine is EB2 02/2002. NC Cleared.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
Hello Sunny,
Do you think i can take your attroney's help to follow-up on my case? Currently no lawyer is representing my case. Do you think hiring your lawyer will help adjudicating my case? Mine is EB2 02/2002. NC Cleared.
more...
vicks_don
12-11 02:21 PM
You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.
crazyghoda
05-12 07:08 PM
Interesting. That's why I always fly the US - India non-stop by Delta or Continental nowadays. No more dealing with nonsense from 3rd countries in Europe and their rude immigration officers.
more...
klpd4dc
08-20 02:35 PM
Thanks a lot for your reply. Quoting the site further here:
What is the A# and the Alien Registration Number? Are they the same thing?
Yes, these are two terms for the same thing. The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
But I guess visa number is a different thing from an A#. Thanks again for your reply
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aadimanav
12-10 09:08 PM
Anyone?
more...
tabletpc
03-17 12:06 PM
I was informed that without I-94 card she cannot be added to my insrurance.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
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harsh
01-05 02:14 PM
To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.
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reddog
11-18 08:42 PM
To be totally at peace, you can send an invitation letter and ask them to carry a printout of the letter.
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desitechie
01-11 02:11 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
more...
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GCwaitforever
03-16 12:20 PM
I sent an e-mail commending the report and its rcommendations to the author Paul Jones. Here is the reply I received from the Assistant Director GAO. I blanked my personal information and put xxxxx.
From : Michael P Dino
Sent : Thursday, March 16, 2006 11:04 AM
To : xxxxxxxxxxxxxxxxx
CC : "Carlos M Garcia", "Paul L Jones"
Subject : GAO Report on Immigration Benefit Fraud
xxxxxxxxxxx:
Thank you for your kind words regarding our report. We hope our report's
recommendations result in USCIS enhancing its ability to control immigration
benefit fraud.
Michael Dino
Assistant Director
Homeland Security and Justice
Los Angeles Office
U.S. Government Accountability Office
Tel: (213) 830-1150
FAX (213) 830-1180
e-mail dinom@gao.gov
From : Michael P Dino
Sent : Thursday, March 16, 2006 11:04 AM
To : xxxxxxxxxxxxxxxxx
CC : "Carlos M Garcia"
Subject : GAO Report on Immigration Benefit Fraud
xxxxxxxxxxx:
Thank you for your kind words regarding our report. We hope our report's
recommendations result in USCIS enhancing its ability to control immigration
benefit fraud.
Michael Dino
Assistant Director
Homeland Security and Justice
Los Angeles Office
U.S. Government Accountability Office
Tel: (213) 830-1150
FAX (213) 830-1180
e-mail dinom@gao.gov
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pappu
12-10 10:45 PM
Check the archives. I recall a long thread on this topic.
more...
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agc2005
11-14 01:07 PM
Thanks for your prompt response.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
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dallasmbs
07-17 05:40 PM
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
more...
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wandmaker
03-18 11:22 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please update your profile w/ correct information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please update your profile w/ correct information.
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file485
07-09 08:36 AM
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
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ita
01-04 04:19 PM
Thanks so much for all the replies.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
chanduv23
09-03 04:05 PM
I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??
If your priority date is current, you may try opening a SR, though not sure if that would help.
We don't know how internal processes work.
Just chill, don't panic - your case will be assigned a visa number soon.
If your priority date is current, you may try opening a SR, though not sure if that would help.
We don't know how internal processes work.
Just chill, don't panic - your case will be assigned a visa number soon.
ns33
06-10 04:22 PM
Thank you all for helping out. Just sent the packet through UPS to TSC.
Keeping my fingers crossed now.
Thanks again.
NS
Keeping my fingers crossed now.
Thanks again.
NS
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