pmat
07-17 09:54 AM
This case is complicated as your I485 is already approved. If you refile your wife's I485, it might get rejected.
I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
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jasmin45
08-06 12:18 PM
Has USCIS started premium processing of I-140 again ?
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
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pappu
10-05 01:13 PM
IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public. Some more names will be announced in the near future if others associated with IV agree. These are top leaders in administration, industry, research and advocacy. We have been happy and fortunate to have them with Immigration Voice. We thank all IV members for supporting IV due to which we could make IV a nationally respected organization and a voice of legal high-skilled community. Its time for us now to work together and achieve our goals.
Please watch the homepage for information about these leaders.
The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94
Please watch the homepage for information about these leaders.
The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94
more...
laborfd
07-23 02:32 PM
Hi
Just to know who signed ur I-485 at NSC
There is no point in tracking. waste of time. Why in the world u want to do this unfruitful thing. :mad:
Just to know who signed ur I-485 at NSC
There is no point in tracking. waste of time. Why in the world u want to do this unfruitful thing. :mad:
sieger007
05-27 02:07 AM
Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
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ras
02-21 04:31 PM
but not all the details have been asked except for the ability to pay and 2007 tax returns.
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vxb2004
04-27 09:29 PM
Legal-In-A-Limbo,
I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?
Any inputs? Thanks in advance.
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?
Any inputs? Thanks in advance.
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
more...
LONGGCQUE
05-12 04:22 PM
correct
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dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
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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 !?
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transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
more...
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das0
06-18 11:55 AM
Once on EAD for one employer A, can anyone fall back to H1B for the same employer A?
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kondur_007
07-24 10:26 AM
???
It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).
This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.
Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).
So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).
Good Luck, and yes, send it ASAP...:)
It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).
This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.
Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).
So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).
Good Luck, and yes, send it ASAP...:)
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dpp
06-20 05:32 PM
Gurus
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.
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sk.aggarwal
03-25 01:52 PM
I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?
As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that
As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that
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amberGC
07-19 11:00 AM
Chanduv thanks for your reply. I could not think of anyone who would know this in dept... Do you think there is still hope for me? I am about to give up on 2008 match and wait until gc comes...
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
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eadguru
11-02 09:29 PM
See Signature...
----------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/17/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24 from VSC. Received 11/01
AP - RFE for clear copies of PP 10/31
No Finger Prints
----------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/17/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24 from VSC. Received 11/01
AP - RFE for clear copies of PP 10/31
No Finger Prints
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roseball
04-07 09:10 PM
We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.
I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.
I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.
willgetgc2005
03-22 07:38 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
dilipb
02-13 09:28 AM
Yesterday USCIS announced officially that they need 1300 officers.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
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