GreenMe
06-17 04:16 PM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
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maru
09-12 04:51 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
sundarpn
11-17 11:33 PM
Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
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talash
10-15 11:47 PM
Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
hope it helps .
hope it helps .
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testtesttest
07-17 06:32 PM
just called her and thanked her for her efforts.
ras
10-27 07:18 PM
I had started this thread some time back. And I thought to return back and update you guys what happened.
I called up the USCIS and changed the address about 4 days back.
They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.
But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.
So finally it ended up that I got my reciept notice before my travel. I am relaxed now.
Lesson:
Update USCIS as soon as you change the address.
I called up the USCIS and changed the address about 4 days back.
They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.
But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.
So finally it ended up that I got my reciept notice before my travel. I am relaxed now.
Lesson:
Update USCIS as soon as you change the address.
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pooja_34
01-15 07:07 AM
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
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bkn96
12-02 09:01 PM
very encouraging news.. hope USCIS learned leasson..
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wandmaker
04-27 03:16 PM
Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.
What documents your company sent to USCIS for that 'client letter' RFE?
How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.
What documents your company sent to USCIS for that 'client letter' RFE?
How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.
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dc2007
08-04 06:57 PM
I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
more...
AllVNeedGcPc
08-06 11:19 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3 I, July 03 PD
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3 I, July 03 PD
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SNLive999
06-11 05:46 PM
Hello,
I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.
SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???
1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )
2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)
3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.
Thank you for letting me know.
I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.
SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???
1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )
2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)
3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.
Thank you for letting me know.
more...
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niklshah
11-11 11:26 AM
i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.
hope this helps
good luck
hope this helps
good luck
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anurakt
12-21 04:19 PM
I promise ... last bump of the day !! or may be not......:D
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dc2007
07-25 12:06 PM
Thanks a lot for the help and useful information.
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
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joydiptac
04-14 02:58 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
more...
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GC20??
08-20 09:51 AM
My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.
Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.
Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?
"Post Decision Activity
On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.
Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?
"Post Decision Activity
On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
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kondur_007
08-17 03:07 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
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gc_check
03-10 07:55 AM
I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
looneytunezez
04-23 01:00 PM
My I-140 is still pending at NSC.
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:
Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.
So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:
Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.
So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?
gcformeornot
08-29 12:36 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
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