08.19
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jayz
07-17 07:01 PM
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
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panini
03-15 01:24 PM
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
smisachu
12-13 03:59 PM
Another thing is whay do you want to get into EB2???:confused::confused:
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
2011 this great pink tattoo.
nixstor
07-11 11:09 AM
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
:mad:
Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.
The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this
:mad:
Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.
The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this
more...
ramnadhan
12-13 04:49 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
diptam
07-27 10:12 AM
Vikram Man,
You are awesome - Thanks for your help..
Diptam
You are awesome - Thanks for your help..
Diptam
more...
Bhaskar_80
06-17 04:25 PM
Mr.gnutin or any other expert,
Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?
Thanks
Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?
Thanks
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needhelp!
03-09 03:12 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79
(http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
22 CFR, Part 42, Sec 42.53
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
[WIKIfication needed]
(http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
22 CFR, Part 42, Sec 42.53
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
[WIKIfication needed]
more...
perm2gc
12-20 01:34 AM
Hi,
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
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RLNY122004
06-15 04:25 PM
I won't .
Congrats RLNY122004! Dont forget IV!
Congrats RLNY122004! Dont forget IV!
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bestin
10-23 06:09 PM
Appreciate your dedication WD/CC.I am kind of busy this week.Will get back to u this weekend.
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heathere3
04-17 03:13 PM
It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!
Thanks guyz for helping out!
Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!
Thanks guyz for helping out!
Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!
more...
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vinkapoor
10-24 04:29 PM
The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?
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stueym
07-09 03:48 PM
Thank you for all your support. Quick update. Our video now has 1439 viewings, 132 ratings and 38 comments (as at 4:15pm EDT 7/9). This has resulted in us having the #32 top rated video of the week in News and Politics. Your support has been wonderful and thank you for your positive comments.
We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p
We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.
Will keep you updated.
We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p
We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.
Will keep you updated.
more...
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forever_waiting
03-06 10:44 PM
Deadline added to this initiative to decide whether to proceed or not.
please see post below for details.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248
Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
Also, should we at some point agree on what letter must be written?
[QUote = ashwin_27]
As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
Please keep following and participating on this thread to show your desperation for this fix.
please see post below for details.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248
Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
Also, should we at some point agree on what letter must be written?
[QUote = ashwin_27]
As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
Please keep following and participating on this thread to show your desperation for this fix.
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sam_hoosier
01-07 11:24 AM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
more...
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sasimks75
08-23 06:35 PM
Thanks very much for your quick reply.
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
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meragcdedobhai
10-26 02:43 PM
to Motivated...
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
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mali03
05-25 08:04 AM
called LINDSAY GRAHAM'S office!
TexDBoy
11-10 02:29 PM
I did in SFO with an expired visa but with an valid H1B 797 document and they gave an 10 year validity passport.
Seems weird in your case ...
Seems weird in your case ...
glus
12-09 12:47 PM
AP could be mailed but the applicant MUST be in the USA at the time of application.
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:
My question:
Can one apply for AP from overseas while AOS is still pending?
Answer from Attorney:
If the AOS is still pending you can do it yes. You can even have AP sent to
overseas consulate. Then it is just called PAROLE lol, as they are not
doing it in advance. Look at the I-131 and you will see about this and
possibilities. It should talk about it in instructions.
Best Regards,
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:
My question:
Can one apply for AP from overseas while AOS is still pending?
Answer from Attorney:
If the AOS is still pending you can do it yes. You can even have AP sent to
overseas consulate. Then it is just called PAROLE lol, as they are not
doing it in advance. Look at the I-131 and you will see about this and
possibilities. It should talk about it in instructions.
Best Regards,
