InTheMoment
04-27 11:10 AM
Hey Congratulations Panama !
A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)
A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)
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apb
10-01 02:39 PM
My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
muralip
09-11 07:51 PM
my visit to india will have any impact on my I-485/EAD processing..?
2011 Husband
CRAZYMONK
03-17 02:53 PM
Ram,
I just sent a PM. pls check
I just sent a PM. pls check
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HRPRO
01-24 03:59 PM
If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
wandmaker
03-13 02:42 PM
I got soft LUD on my and my wife 485 on 02/10/2009
I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
Does any one else got soft LUD around this date ?
USCIS has received high volume of calls during Aug 2008 for reasons like (LUD, Why no 2nd FP, Where is my case now) this and a month later all the menu options were changed. There was big post to figure out new options.... Infact, People were not able to get a answers real emergency questions, had to book infopass appointments.
BTW, if you are IT guy, you should know what batch means.
I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
Does any one else got soft LUD around this date ?
USCIS has received high volume of calls during Aug 2008 for reasons like (LUD, Why no 2nd FP, Where is my case now) this and a month later all the menu options were changed. There was big post to figure out new options.... Infact, People were not able to get a answers real emergency questions, had to book infopass appointments.
BTW, if you are IT guy, you should know what batch means.
more...
rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
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sukhyani
10-04 03:40 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
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chapsi29
08-01 09:37 AM
My husband has got a query on his I-140 now and it would take another 2-3 months before USICS makes a decision. His company is not doing well financially and we are worried if the I-140 would get denied. My understanding is, if the I-140 gets denied, the EAD will no longer be valid.
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
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xgr3
05-21 11:06 PM
My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
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glus
10-21 06:53 AM
Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.
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king37
07-23 12:00 PM
Hi can someone advise me what is the best way and steps (forms and other supporting documents) to extend the stay for my mother in law beyond the 6 months as given on her entry under 10 year visitor visa for few more months (3-4 months) please. We have a religious ceremony so that she can stay beyond the 6 months and attend. One of the lawyers told me that beyond 6 month as given during her entry is not possible which I doubt it. Pl advise/share your experiences from those of you have gone through this process recently.
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tarone
11-28 05:22 PM
Hi,
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
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ebizash
02-19 10:49 AM
As far as I know you did not engage in any unauthorized employment since your school's office issued you CPT (Pre-graduation equivalent of OPT issued by USCIS post-graduation). Most F-1 students engage in CPT related internships so you are fine there.
For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
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Ann Ruben
08-05 02:34 PM
Based on the information you have provided, I do not think there is any cause for you to be worried about being deported.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
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sdrblr
11-30 03:45 PM
You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.
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gcby2099
05-03 10:35 PM
Guru's pl help..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
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madhu345
03-28 02:30 PM
Core Team please advice.
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same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
pinkam
12-05 05:41 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
return_to_india
02-15 07:07 PM
CLEARANCE OF INCOMING PASSENGERS (http://www.cbec.gov.in/travellers.htm)
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