morchu
05-08 04:04 PM
I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.
Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
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anilsal
12-13 12:52 PM
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
satishku_2000
08-27 04:53 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Depends on who is primary and who is secondary. I asssume its an EB case because you mention 140.
this is very important.
Depends on who is primary and who is secondary. I asssume its an EB case because you mention 140.
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gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
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mhtanim
09-07 05:29 AM
What a joke! Their system does not work so we will have to pay the price!
indyyy
07-18 10:10 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
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lazycis
02-12 04:21 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
Of course you can move on EAD provided EAD is current.
In that case can I move to EAD in the given situation ( as above) ?
Of course you can move on EAD provided EAD is current.
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copsmart
02-05 05:48 PM
This is my Attorney’s take on “same or similar job”:
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
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desi3933
03-24 08:51 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
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chanduv23
11-01 07:37 PM
More feedbacks help. Please post feedback if you attended the NJ meet
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geniousatwork
05-27 11:58 PM
Does anyone know any other place to find the PD in case you have the Case Number?
The link mentioned below shows the PD for 2006 FY Data only :(
For 2007/2008 FY, I could not get the PDs from the below mentioned site.
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
The link mentioned below shows the PD for 2006 FY Data only :(
For 2007/2008 FY, I could not get the PDs from the below mentioned site.
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
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GCSOON-Ihope
10-30 03:55 PM
Same aberration here!
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
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gconmymind
11-14 11:59 AM
I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
- The A0XX XXX XXX is the A number or alien number
- Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
- No one knows when you will get your GC. Your PD is old so you may get lucky soon...
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
- The A0XX XXX XXX is the A number or alien number
- Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
- No one knows when you will get your GC. Your PD is old so you may get lucky soon...
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ras
08-02 08:57 AM
I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.
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Humhongekamyab
02-24 02:39 PM
For those who think that this is good and will not affect them -
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
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rsayed
05-06 12:40 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.
Expect to wait for a long time...
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.
Expect to wait for a long time...
more...
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fromnaija
09-20 04:07 PM
WELCOME TO RETROGRESSION!!!!
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
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sunny1000
05-04 01:41 AM
Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
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ryan
05-27 04:13 PM
Thank you for your advise and hostility. I understand your frustration.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.
Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.
Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.
omved
10-02 02:25 AM
Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..
Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..
Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..
Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)
Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2
All the best to you all...
Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..
Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..
Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)
Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2
All the best to you all...
solaris27
05-22 12:05 PM
https://www.dol.gov/esa/whd/forms/fts_wh4.htm
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