WAIT_FOR_EVER_GC
07-24 09:12 AM
xbcsd
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InTheMoment
02-20 04:05 PM
va_il,
You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?
If that is the case maybe I'll just land up there instead of mailing it.
You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?
If that is the case maybe I'll just land up there instead of mailing it.
jsb
04-16 03:59 PM
Here's our situation:
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.
Best..
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.
Best..
2011 Positive Attitude Quotes: 3
tinamatthew
07-20 07:36 PM
Can someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.
Thanks
I know I have read it on the USCIS website...I'll get it for you
Thanks
I know I have read it on the USCIS website...I'll get it for you
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rbashir
09-01 09:10 AM
guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
ras
10-25 09:58 PM
Situation :
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
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buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
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tigerlibra
09-30 09:30 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
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vsoni
03-31 10:05 AM
This is strange � I was in the same situation you are now few months ago. I had expired visa from company A and I change to company B �six month ago I got visa stamped by Halifax Canada office. I had company visa expired less then one year. I don�t have any AP at that time, may be I am lucky.
I don�t know if any rules changed since then.
I don�t know if any rules changed since then.
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dreamworld
11-07 12:27 PM
Visitor Visa does not tied to sponsor. One can visit USA with a valid visitor visa.
But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.
But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.
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mps
07-17 10:34 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
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DC ASH
09-20 10:14 AM
My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Are you saying that one can apply for extension within 180 days of H1b expiry date !?
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Are you saying that one can apply for extension within 180 days of H1b expiry date !?
more...
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India76
09-17 01:48 PM
Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...
I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...
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GCKaMaara
12-03 02:19 PM
Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
__________________
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
__________________
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Ven
01-19 06:46 PM
did u request a change, ex address change,..
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gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
more...
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smuggymba
10-05 11:00 AM
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
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vivache
10-04 05:42 PM
Hi Thomas
That sounds perfect.
To clarify.
1. When did you go for the stamping?
2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."
Thanks
Vivek
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
That sounds perfect.
To clarify.
1. When did you go for the stamping?
2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."
Thanks
Vivek
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
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desijackass
11-12 04:38 PM
Also says no change expected in the coming months.
See bottom of the bulletin.
:(
:mad:
F. VISA AVAILABILITY IN THE COMING MONTHS
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two week
See bottom of the bulletin.
:(
:mad:
F. VISA AVAILABILITY IN THE COMING MONTHS
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two week
acecupid
06-18 10:02 PM
Lol.. thats funny!:D
stillhowlong
01-18 10:36 AM
You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
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