RanchCharm
07-17 07:14 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
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hopefulgc
08-30 07:36 AM
Not illegal if you are also present in the recording.
- son of a lawyer... not a lawyer myself.
Isnt recording conversations without the consent illegal? :confused:
- son of a lawyer... not a lawyer myself.
Isnt recording conversations without the consent illegal? :confused:
kaisersose
05-22 12:01 PM
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
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katewill
08-24 01:20 PM
180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
more...
Desi Unlucky
09-20 08:21 PM
Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
justsomeguy
07-12 06:29 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
more...
alahiri
06-19 11:33 PM
In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
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willwin
07-15 05:10 PM
I got my PCC in San Francisco Indian Consulate last year assuming that I might get the appointment. but never happened until now. I am not sure that is still valid PCC. I might have to go to India and then apply for a new one from the local police station.
Is it not much easier to get the PCC renewed (basically a new PCC from here)?
Is it not much easier to get the PCC renewed (basically a new PCC from here)?
more...
sledge_hammer
05-14 04:12 PM
Not too many EB2 Indians will benifit from this movement???
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kshitijnt
07-17 01:00 PM
I am confused with regards to AOS Vs. CP and which one to choose.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
more...
Prashant
05-28 06:26 PM
Hello,
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
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anindya1234
06-01 02:27 PM
You guys might want to check out my online petition:
http://www.petitiononline.com/legalimm/petition.html
http://www.petitiononline.com/legalimm/petition.html
more...
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akred
07-25 08:04 PM
I have found that SBI is the most cost effective one. There is some inconvienience as you have to register with them, but every transfer after that can be accomplished with a fax to their offices.
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Leo07
09-16 05:52 PM
done done done...
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satishku_2000
02-21 02:34 PM
In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...
That sounds like a very good movement and unbeleivable...
That sounds like a very good movement and unbeleivable...
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hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
more...
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rongha_2000
10-02 11:23 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
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needhelp!
09-16 01:17 PM
Check this task off your TO DO list..
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bestin
10-09 01:19 PM
Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.Labour is approved.I140 is something more related to the employer.He is in status currently.As long as he applies everything soon (by chance he goes out of status.I mean his H1B transfer) he is safe as he can goto AOS.
Isn't
Isn't
kaisersose
05-07 01:26 PM
By virtue of your pending 485, you can stay unemployed for any length of time. But if/when CIS asks you for proof of a bonafide job offer, you should have one. Looking for a job at that time will not work.
GC_ASP
08-14 02:50 PM
$ 745 is the total fee for I-485, I-131, I-765 & biometrics. Many people sent single check of $745 per application. It is weird to see that kind of rejection.
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