BharatPremi
03-12 04:00 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
Mark,
Being ROW, I do not think your case might have been stuck in Name Check. But it could be the possibility. I would take one more infopas and ask IO regarding name check status. If case is still rotting in name check then fighting strategy would be different, I guess. As far as WOm is concerned, all stories what I have gone through on different immigration boards, most advise to wait for 2 years before thinking about WOM route.. I do not know how far that argument is valid..
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
Mark,
Being ROW, I do not think your case might have been stuck in Name Check. But it could be the possibility. I would take one more infopas and ask IO regarding name check status. If case is still rotting in name check then fighting strategy would be different, I guess. As far as WOm is concerned, all stories what I have gone through on different immigration boards, most advise to wait for 2 years before thinking about WOM route.. I do not know how far that argument is valid..
GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
jvordar
04-07 03:08 PM
ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??
simon03
08-16 01:26 PM
I am not an expert but this is my understanding:
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
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needinfo80
09-11 11:10 AM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
Again this are grey areas.There are no concrete answers.
loudobbs
09-25 12:12 PM
for NOT answering my question!! :mad:
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
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busy
03-09 12:01 AM
Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?
cdeneo
01-07 03:05 PM
I would really appreciate input on the following:
1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).
2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?
3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?
Looking forward to some good guidance on this topic. Thanks!
1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).
2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?
3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?
Looking forward to some good guidance on this topic. Thanks!
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loveiv
07-29 10:54 AM
Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
Just want to confirm that.
Did anyone get 2 year EAD when they did not file labor?
If you think this question is stupid, and same with the above one too.
Just want to confirm that.
Did anyone get 2 year EAD when they did not file labor?
If you think this question is stupid, and same with the above one too.
Mak Valley
01-29 01:15 AM
swarm all the way
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HumHongeKamiyab
03-16 12:05 PM
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
chosenone52
10-02 06:09 PM
So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.
What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)
Appreciated
What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)
Appreciated
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B+ve
09-01 06:12 PM
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
sertasheep
08-03 02:12 PM
How many IV Pennsylvania members are planning to attend the DC Sept 13th Rally?
NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU
See details at :http://immigrationvoice.org/forum/showthread.php?t=11428
NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU
See details at :http://immigrationvoice.org/forum/showthread.php?t=11428
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ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
lazycis
01-15 11:41 AM
Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?
Yes, it's indirect deduction.
Yes, it's indirect deduction.
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msadiqali
05-22 08:59 PM
Not sure what the big deal is..those guys looted the world anyway..
be happy that they are not thrown in jail..brain drain in these kind of activities is what is needed..put your brain to good use and not just in creating junk papers..
be happy that they are not thrown in jail..brain drain in these kind of activities is what is needed..put your brain to good use and not just in creating junk papers..
sanjay
04-04 11:37 AM
For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.
If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.
If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.
extra_mint
05-16 01:31 PM
PD June 12, 2006 NSC
Waiting for my spouse's GC (dependent)
I got mine (primary) over the weekend. Any one else in same boat ?
Me and my spouse didn't applied together, I added her in 2008.
Waiting for my spouse's GC (dependent)
I got mine (primary) over the weekend. Any one else in same boat ?
Me and my spouse didn't applied together, I added her in 2008.
imind
03-12 03:54 PM
JUST REQUEST ONLY:
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
cooler
07-07 03:23 PM
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
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