kondur_007
12-07 03:39 PM
Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
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ngaheer
12-12 08:14 PM
Thanks amitjoey,
Some good pointers there. I knew there is wealth of ideas here.
I am going to talk to a lawyer and propose this to the co. I am talking to. Hell, things can't get any shi**ier than they are now.
Some good pointers there. I knew there is wealth of ideas here.
I am going to talk to a lawyer and propose this to the co. I am talking to. Hell, things can't get any shi**ier than they are now.
div_bell_2003
03-04 08:09 PM
Interesting link, thanks for posting :) , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo :D)
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
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ss_col
08-13 01:15 PM
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
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pthoko
07-05 03:07 PM
Hi All,
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
roseball
03-27 10:50 PM
I would suggest to check the validity (start/end dates) of the LCA that was submitted along with your H1 petition. Also, check on the I-129 petition if your attorney entered correct dates or the dates on the LCA/I-129 match the dates approved by the USCIS.
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pappu
08-21 10:59 AM
Can moderators setup Web Fax for this?
we aready have a webfax for this
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
However, if anyone can spare a few minutes, pls. also send emails to these members from the site - http://judiciary.house.gov/CommitteeMembership.aspx
There is a website contact for each of the member.
An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.
we aready have a webfax for this
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
However, if anyone can spare a few minutes, pls. also send emails to these members from the site - http://judiciary.house.gov/CommitteeMembership.aspx
There is a website contact for each of the member.
An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.
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thakkarbhav
09-03 12:49 PM
I did not receive my EAD card - It was approved on Aug 21st...Not sure what went wrong with USPS.
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txh1b
08-18 09:32 AM
Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.
http://www.uscis.gov/files/form/I-765instr.pdf
If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.
http://www.uscis.gov/files/form/I-765instr.pdf
If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.
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shirish
07-31 04:00 PM
Hi
In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. 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?
Thank you in advance.
In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. 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?
Thank you in advance.
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eastindia
08-03 09:30 PM
The summer intern who replied to your email did not read it. Why don't you now go and protest against disrespect to your valued email and meet the Senator. Do you really think sending emails will get yes or no on a bill. Unless you are Bill Gates sending an email, who cares. We do not even have votes.
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martinvisalaw
02-15 06:54 PM
You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.
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senram
01-20 05:06 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
At this rate...after couple of years the GC backlog will only be restricted to EB-India
At this rate...after couple of years the GC backlog will only be restricted to EB-India
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Porch
08-24 10:42 AM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now?
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payur
07-10 09:45 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
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beautifulMind
02-24 09:03 AM
Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
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mayhemt
02-26 01:19 PM
Yes, it is called Consular Processing. You can apply using I140; Only Caveat being, visa number should be available (Priority date should be current) when attending the consular interview and the visa is employment/family based immigrant visa (unofficially green card) - not non-immigrant visas like H1/B1/L1.
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Suva
07-18 03:58 PM
Can I join new company on my EAD after 180 days of I485 receipt date?? Yes you can join new company using your EAD after 180 days.
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
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sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Raj Iyer
09-13 12:02 PM
Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
immi_enthu
06-04 09:40 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?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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