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dan19

02-20 02:48 PM

japs19...

Thanks for your comments. It is good to hear from someone who have done it successfully.

Did you get your PD ported?

Also ivuser, thanks for the useful info.

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shana04

08-13 09:11 PM

Friends,

Even I am stuck with Name Check and what is the approach to clear name check.

Any help / suggestions, please advice.

thanks in advance.

Shana

Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.

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for_gc

12-16 11:36 AM

Hi,

Does anyone know where we can get hold of the data for EB green cards dispersed for year 2006 by category ?

Regards.

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marty

01-09 01:07 PM

I think the text of the post is missing. I am quoting it from the original post below.



URL: http://immigrationvoice.org/forum/showthread.php?t=23029

We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml

US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm

I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

------------------------------------------------------------------
E-Mail Subject

Delay and concerns about USCIS processing time updates

E-Mail Text

Dear [Name of your local representative]:

I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

Thank you,
[Your Name]

------------------------------------------------------------------

Please let me know if anything else needs to be added to the e-mail text.

Thanks.

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hibworker

03-15 01:16 PM

EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.

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GotGC??

01-14 07:54 PM

1. She's eligible to get the I-94 expiry date as July 2008
2. As 1 above, but even if she gets July 2007 there's no real difference; she's legally admitted till July 2008 (from the I-94 on the I-797) and for any travel post-July 2007, she'd need a visa stamp anyway.
3. Since the re-entry is so close to the visa expiry, the POE officer may say something like "hmm...your visa is expiring in July 2007" which is a good time to show the new approval and get the later date. Otherwise also, it's prudent to show the new approval and get the updated I-94.

I think we may have spoken about this , but here is my question :

My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?

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martinvisalaw

07-31 05:39 PM

My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?

It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.

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smitha_jacob

06-04 09:28 AM

Hello,

I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

Can anyone help me please?

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dummgelauft

11-12 12:10 PM

Sounds liek a great idea, I am right there with you, because this just makes no sense.

Auf gut deutsch, wir kannst auf granit beissen

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nixstor

12-02 10:30 PM

This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.

WTFever,

This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.

www.murthy.com
www.immigraton.com
www.immigration-law.com

HTH

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gc007

06-30 09:39 PM

Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.

Thanks

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sathishav

03-01 03:10 PM

Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.

Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.


MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)

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rajubuthi

08-17 11:41 AM

Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju

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Eb3Pro

01-25 11:03 AM

Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Document mailed to applicant.

On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


What does it mean? Does it mean that I-485 is approved.

Pls guide.

Kapil

I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.

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pd052009

05-10 10:40 AM

I just got PIO for my daughter in 6 working days. Compared to my PP application, this service was super fast.

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gcpool

03-12 06:29 AM

The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.

It can be done at I-485 stage.


Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.

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asdfgh

02-27 08:32 AM

Currently in wetsern europe and going tomorrow to pick up my passport....am getting 2 stamps...1 for current extension that ends end of next month and then a second one for the new extension valid until '10....had to pay twice the fees since its 2 stamps.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.

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ajju

08-31 01:29 PM

I'm a Jul 02 filer and I received the 485 and 765 notices recently.

However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?

Thanks..

I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...

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BlueSoft

01-16 06:19 AM

Hello,

Do not upgrade your file for Premium Processing. Any time you do that, chances for an RFE from USCIS goo higher. You will get a decision from USCIS within two weeks for sure. You can also call USCIS as right now they are processing cases which they have received in late July and mid August.

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lazycis

09-17 09:59 AM

You can start working for other company only 180 days after receipt date for your I-485. The job has to be same or similar (profession-wise). If you are planning to change companies, it's better to do it before you get your GC, rather than immediately after.

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$eeGrEeN

09-10 12:45 PM

I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

1. Earthquakes
2. Shooting stars and
3. USCIS

u may be right , Although the bill H.5882 hopes to remove the last item on ur list.

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