shined129
07-19 09:36 PM
Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.
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sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
niraja74
07-23 12:44 AM
Hi,
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
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sent4dc
08-27 02:41 PM
First of all, let me thank you all for sharing your insight. This site is a treasury of information.
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
more...
alkg
10-25 07:22 PM
Mine 485,131,765 receipt nos# also starting with SRC08008XXXXX and it's not showing online status.
solaris27
01-29 09:19 AM
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ? No chance - i did for me and got GC .
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
NO
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
NO
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no
more...
rheoretro
08-18 01:20 PM
The I-140 stage these days isn't very slow, but at one time in the not-too-distant past it was...
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menezeswayne
12-11 03:05 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
more...
cbadari99
05-12 05:51 PM
Though a little off-topic, this is an interesting read
http://www.telegraphindia.com/1090513/jsp/frontpage/story_10956610.jsp
http://www.telegraphindia.com/1090513/jsp/frontpage/story_10956610.jsp
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YesWeWillGet
09-23 08:13 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
more...
jsb
05-17 11:14 AM
thanks for the response. But is it normal, anyone else in similar situation?
Yes, I know a couple of people who got GC and but their spouses are still waiting after more than a year. It could be due to lack of information they check from various agencies, such as home address (particulary if spouse is not working)
Yes, I know a couple of people who got GC and but their spouses are still waiting after more than a year. It could be due to lack of information they check from various agencies, such as home address (particulary if spouse is not working)
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roseball
03-27 10:50 PM
I would suggest to check the validity (start/end dates) of the LCA that was submitted along with your H1 petition. Also, check on the I-129 petition if your attorney entered correct dates or the dates on the LCA/I-129 match the dates approved by the USCIS.
more...
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iv_newbie_2007
06-16 07:16 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
Please help me out.
Thanks
What will be my status till Oct 1st from the day my H1 is approved?
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
Please help me out.
Thanks
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memyselfandus
06-03 08:59 AM
Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
I have used this site to generate several times.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
I have used this site to generate several times.
more...
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looivy
11-12 05:06 PM
How early do I need to apply to get an appointment at vancouver or Toronto or Mexico?
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
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STAmisha
11-23 10:04 AM
I spke with attorney Murthy's office .
Here is the process.
Advertise in a news paper for 4 weeks
Advesie in website for 4 weeks
Advertise in company's location for 4 weeks
All the above ads running consecutively.
Then there might be 4 weeks silent period
File a form with DOL with all this
** be ready for the **** incomepetent BEC to throw another rock at you**
Here is the process.
Advertise in a news paper for 4 weeks
Advesie in website for 4 weeks
Advertise in company's location for 4 weeks
All the above ads running consecutively.
Then there might be 4 weeks silent period
File a form with DOL with all this
** be ready for the **** incomepetent BEC to throw another rock at you**
more...
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rajsri
11-12 01:17 PM
Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.
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ak_2006
04-14 01:16 PM
Enjoy this Good moments!!! and thanks for sharing.
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plassey
08-19 05:54 PM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
pune_guy
05-28 07:02 PM
Hi,
Can you tell the name of the insurance company? My in-laws are planning to come here and I will be buying insurance for them. I will stay away from this company.
How can high-fever be considered as pre-existing condition? I though diseases such as diabetes, cancer, etc are pre-existing conditions. Right?
Can you tell the name of the insurance company? My in-laws are planning to come here and I will be buying insurance for them. I will stay away from this company.
How can high-fever be considered as pre-existing condition? I though diseases such as diabetes, cancer, etc are pre-existing conditions. Right?
dealsnet
10-22 09:18 AM
Now I have seen many people filed on June 2007 get GC approvals. Now onwards their number is keep on increasing. Please put your details on this thread to see the trend. I think all Jun 2007 filers will get GC for the 2008 quota. Provided their I-140 is approved and NC is cleared.
My details
EB2 India
PD-2004 JAN 11
I-140 Aug 2nd 2007 approved
RD June 22nd
FP Aug 21 2007
AP & EAD approved
NSC
My details
EB2 India
PD-2004 JAN 11
I-140 Aug 2nd 2007 approved
RD June 22nd
FP Aug 21 2007
AP & EAD approved
NSC
