another_wei
05-05 06:07 PM
Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
saketkapur
08-18 06:22 PM
please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........
please correct me if I am wrong or not reading the particulars of this case correctly.......
please correct me if I am wrong or not reading the particulars of this case correctly.......
liberty
01-13 05:55 PM
I have not got any update from expert. Could you please take a look?
gc_chahiye
07-09 04:25 PM
ok.. what about july 2nd filers...have i filed or not filed?
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
more...
gc_buddy
11-19 01:17 PM
Thanks everyone for the valuable inputs..
lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
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brij523
03-01 07:32 AM
Hi All,
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
somkapu
07-17 06:46 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Hope this helps.
Hope this helps.
more...
rb_248
09-05 03:37 PM
No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
sriniks
12-07 06:01 PM
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
more...
hersheygaile
09-10 12:13 AM
I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them
gcpadmavyuh
09-21 03:58 PM
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
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logiclife
12-20 11:38 AM
did you get a letter from USCIS to your new address that they have received your address change request?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
Saralayar
07-27 11:53 AM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
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yingli
08-25 02:57 PM
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
tabaching
10-22 12:43 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
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rameshk75
09-16 10:58 AM
[QUOTE=copsmart;289590]My case is little bit different.
EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.
Am planning to apply paper based AP, can you give the list of docs required for the same.
Thanks
EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.
Am planning to apply paper based AP, can you give the list of docs required for the same.
Thanks
praveenuppaluri
02-21 08:02 PM
nmdial and sac-r-ten
thanks for your responses. I am going forward with "do not apply" option for now.
thanks for your responses. I am going forward with "do not apply" option for now.
tabletpc
08-13 10:35 AM
very law is suffixed with "Its not crystal clear".
How to make a judgement out of this and risk ourself....???
How to make a judgement out of this and risk ourself....???
Dhundhun
06-06 01:48 PM
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
victory123
05-15 01:17 PM
Hi Saigc,
Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
Cheers
Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
Cheers
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