clazale
11-11 03:40 PM
I am a july 2007 filler as well and my GC was approved last month though the processing date was few months behind. I know some other cases as well whose 485 was approved when the processing date was not current. So i would say that just stay positive and keep your fingers crossed. Happy days should be just around the corner.
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clockwork
07-06 10:53 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
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eb3retro
03-04 05:15 PM
Is there anything i can do on H4 visa??
Yes, you can do your household work or volunteer in some local libraries or hospitals.
Yes, you can do your household work or volunteer in some local libraries or hospitals.
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HRPRO
02-23 10:33 AM
Carry the following
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
more...
vamsi_poondla
09-21 03:18 PM
Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
sathyaraj
11-14 01:16 PM
My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
more...
desi3933
03-27 03:46 PM
I talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage.....
I can't imagine lawyer suggesting that. You should consider getting second professional opinion.
One I-485 can be linked to more than one immigrant petitions. You will need a cover letter after I-130 approval and reference to existing I-485 application along with amendments to refer approved I-130 immigrant petition.
________________
Not a legal advice.
I can't imagine lawyer suggesting that. You should consider getting second professional opinion.
One I-485 can be linked to more than one immigrant petitions. You will need a cover letter after I-130 approval and reference to existing I-485 application along with amendments to refer approved I-130 immigrant petition.
________________
Not a legal advice.
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sheela
08-22 08:27 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
congratulations, Conchshell.
I appreciate your postings which were helpful to many here
congratulations, Conchshell.
I appreciate your postings which were helpful to many here
more...
funnymdguy
11-16 11:24 AM
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
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glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
more...
dontcareanymore
10-21 05:20 PM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
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starving_dog
09-01 01:29 PM
shows how sexist I am, I thought she was a he. My apologies to the Berkeleybee. I have since edited my original post.
more...
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tabaching
10-22 12:43 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
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SunnySurya
07-28 01:15 PM
Yep, I did...
Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?
Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?
more...
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no_more_anger
05-07 06:21 PM
Who asked for a combined AP and EAD?
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
Really....you can't see how good that is? I am surprised to the core.
A single document means simplification in filing....not having to keep track of when
which document expires. It will obviously come with lower total filing costs. I prefer if
they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
you go, you just present that card and you are done.....instead of carrying multiple
documents.
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
Really....you can't see how good that is? I am surprised to the core.
A single document means simplification in filing....not having to keep track of when
which document expires. It will obviously come with lower total filing costs. I prefer if
they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
you go, you just present that card and you are done.....instead of carrying multiple
documents.
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mdforgc
04-29 09:18 AM
Thanks for your contributions.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
more...
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sertasheep
08-26 10:09 AM
Dear IV Members,
We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.
--------------------------------------------------------------------------
You can find more information about Ms.Mehta Verma on her firm's website at
http://www.nankin.com/mehtaverma.html
Sonal J. Mehta Verma, Esq.
Nankin & Verma PLLC
11 North Washington Street
Suite 360
Rockville, MD 20850
T: (240) 456-0000
www.nankin.com
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:
Name(Nickname or handle):
City/Area/Country of current residence:
Country of citizenship: (Makes it more relevant)
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.
Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.
--------------------------------------------------------------------------
Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.
--------------------------------------------------------------------------
Thank you, and have a good weekend,
We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.
--------------------------------------------------------------------------
You can find more information about Ms.Mehta Verma on her firm's website at
http://www.nankin.com/mehtaverma.html
Sonal J. Mehta Verma, Esq.
Nankin & Verma PLLC
11 North Washington Street
Suite 360
Rockville, MD 20850
T: (240) 456-0000
www.nankin.com
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:
Name(Nickname or handle):
City/Area/Country of current residence:
Country of citizenship: (Makes it more relevant)
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.
Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.
--------------------------------------------------------------------------
Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.
--------------------------------------------------------------------------
Thank you, and have a good weekend,
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sodh
07-18 07:56 PM
Please meet your senator or someone influential.
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lskreddy
08-14 02:18 PM
I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.
svrao2001
12-06 11:53 AM
My new employer has asked me to provide copies of 1. Labor approval, 2. I-485 notice, 3. EAD to issue employement verification letter.
iad2ead
01-10 05:03 PM
I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.
I would like to renew my EAD/AP which has expired in Oct'08.
My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.
Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
help or paper filing is efficient? Any experiences from forum members regarding
this will be appreciated.
cheers
Iad
I would like to renew my EAD/AP which has expired in Oct'08.
My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.
Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
help or paper filing is efficient? Any experiences from forum members regarding
this will be appreciated.
cheers
Iad
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