Sunday, June 26, 2011

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  • jack_suv
    07-19 12:21 PM
    Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    Pro:
    The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.

    Conditions:
    1.Maintain H1 till you bring spouse to USA on H4
    2.your spouse changes to f1 or h1 later after coming to usa
    3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.

    Cons:
    1. Your GC is approved before you get married - very bad situation.
    2. You are married but cant bring spouse on valid H4 if you dont have valid h1
    3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
    4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?

    The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following

    1. get married before GC is approved.
    2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
    3. Move spouse out of H4 into other visa.
    4. You Use EAD to get a different job.
    5. When PD becomes current, spouse applies for 485.


    Potential hiccups in this solution:
    1. USCIS does not like that you used EAD and shifted employer.
    2. Practical problems on getting a company to hire you on EAD.
    3. Doing a status change for spouse.

    If unmarried does not file 485 now::

    1. Be in H1 for a long time with same employer based on your PD.


    ==========

    As I see there are 4 categories of unmarried people

    1. Satisfied with current employer ; PD is in 2004 or 2005.
    2. Satisfied with current employer ; PD is in 2006 or 2007.
    3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
    4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.

    What are the recommendations for these 4 groups of people?

    Finally one has to consider layoffs or firings!!

    Experts please review the scenario and give your opinion on the above way.

    Thanks a lot. Welcome to the land of dreams and opportunities.




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  • ganesha
    02-20 06:07 PM
    My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.

    My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.

    Based on my experience, I would recommend the following:

    1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)

    2. If option 1 does not work, try to go through your local congressman.

    Hope this helps. All the best.

    any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?




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  • purplehazea
    05-11 04:36 PM
    http://www.npr.org/templates/story/story.php?storyId=5398818




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  • ajaz
    06-02 04:05 PM
    I filed my eEAD 45 days back, competed finger printing 15 days back, still I don't see LUD on my case; However, my spouse who filed 30 days back had 3 LUD, and a recent after finger print.

    Can guys suggest, is this common. Usually after FP I should see a LUD, right? What are my options..

    You response is highly appreciated.

    Thanks



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  • dpp
    06-28 02:52 PM
    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right


    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.




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  • chanduv23
    07-30 09:36 AM
    Pappu - it is defnitely pathetic that people have not been able to make best use of Ombudsman's calls.

    But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.

    If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.

    I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.



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  • superdude
    08-01 04:54 PM
    I hope they look at the post mark date. We can not even trust FedEx now. These things do happen. Its very sad to hear this
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..




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  • surabhi
    09-16 02:21 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas

    There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

    There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.



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  • nosightofgc
    08-16 07:53 PM
    First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.

    Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)

    It was my wife's mistake actually, she did not declared meat products in customs form.

    In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?




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  • GCin2050
    07-10 05:33 PM
    Great,

    We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
    We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.

    -----------------------------------------------------
    http://www.deseretnews.com/dn/view/0,1249,680197801,00.html

    Workers feeling cheated by green-card reversal
    By Deborah Bulkeley
    Deseret Morning News
    A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
    But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
    Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
    For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
    Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
    CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
    "There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
    The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
    "Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
    But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
    "Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
    Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
    AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
    "We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
    Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
    Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
    "It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."


    --------------------------------------------------------------------------------

    Contributing: The Associated Press

    E-mail: dbulkeley@desnews.com



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  • vkrishn
    08-27 08:13 PM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!




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  • vishwak
    11-08 01:46 PM
    VOTED for Narayana.



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  • chillfakter
    02-19 03:22 PM
    As many of you assured me, the date on the I-94 reflected the date on my I-797 (I received a B, not an A). It did not have anything to do with my passport expiration date as I was fearing. Thanks everyone!




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  • hyderabad123
    04-27 08:08 AM
    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks



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  • tnite
    01-13 08:36 AM
    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!

    There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
    just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
    I131 -Advance parole




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  • TexDBoy
    10-09 11:46 AM
    My drivers license expired in between my H1B extension. As proof of identification, I showed EAD card and they accepted it



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  • rogerdepena
    08-01 11:30 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.




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  • abhijitp
    07-08 04:10 PM
    Recently at a temple I saw volunteers requesting people to register with the bone marrow registry. Lots of people were coming forward to register.
    More details:
    http://bonemarrow.org/

    I think, this should inspire us to run a similar campaign for the Legal Skilled Immigrants cause.




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  • yestogc
    07-02 09:11 PM
    If your original H1B has expired and extension has been denied then you cannot work until MTR is approved.

    It is not stated anywhere how much time someone gets after his petition is denied, but you can take it anywhere between 30-45 days.

    Do you have EAD ?




    mdmd10
    09-11 03:59 PM
    Just voted. I am still waiting for a miracle.




    hoolahoous
    05-27 12:49 AM
    ...I like the attitude :)

    i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
    so dream on..



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