WeShallOvercome
07-31 12:41 PM
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
You are right but the same condition exists for filing I-485.
If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
You are right but the same condition exists for filing I-485.
If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!
razis123
01-27 02:06 AM
so does it mean in the coming months the July fiascos 485 applications will be processed....then what..?
ashkam
12-03 04:18 PM
To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.
Correct me if i were wrong.
Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.
Correct me if i were wrong.
Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.
![blake lively hair. [source]](http://lavieboston.files.wordpress.com/2009/11/blake-lively-hair-and-makeup.jpg "[source]")
mhssatya
04-07 07:40 PM
GGC,
Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:
we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.
But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?
Appreciate your help.
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:
we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.
But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?
Appreciate your help.
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
more...
billu
08-06 06:15 PM
Folks, Let us not use this forum for non-immigration matters.
i have seen numerous posts in his forum about finances, real estate, phone cards, exchange rates,courier services and even jokes.....whats wrong with asking a fellow desi's opinion on indian channels under interesting topics??we live in an area mostly populated by americans and do not have any desi people around. i thought this was a good forum to take opinion of fellow desis. if you think it is against the forum rules, you can take this off.
i have seen numerous posts in his forum about finances, real estate, phone cards, exchange rates,courier services and even jokes.....whats wrong with asking a fellow desi's opinion on indian channels under interesting topics??we live in an area mostly populated by americans and do not have any desi people around. i thought this was a good forum to take opinion of fellow desis. if you think it is against the forum rules, you can take this off.
san3297
08-31 01:07 PM
Cant i use the I 94 attached to my 797 document.Will it not solve my problem.
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simplistik
03-09 12:15 AM
LoL... mlk I just took a real look at your site and I noticed at the bottom you have all those little links... it looks like those links are supposed to be referencing the boxes they are in. So like Tekken, is an investor... Alicia Keys is a privacy policy...
:lol:
Also, the arrows pointing up make no sense... they should be pointing down as they are pointing to nothing :D
:lol:
Also, the arrows pointing up make no sense... they should be pointing down as they are pointing to nothing :D
a1b2c3
09-23 06:07 PM
same issue nsc rejected one time second time accepted
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shana04
08-14 03:49 PM
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
newbee7
07-05 07:26 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
more...
morchu
06-02 09:58 AM
Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).
I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).
Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.
In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.
I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).
Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.
In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.
pappu
07-26 10:34 AM
added to this is also another question that may benefit few people in this situation. If labor is approved by the previous employer , how long will that stay valid. I mean people on 6+ year extensions may need ex employer's labor certificate in order to get one year extension so that they can reaplly with new employer.
Is there a time limit on labor to become void if within a certain time I140 is not filed?
sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.
Is there a time limit on labor to become void if within a certain time I140 is not filed?
sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.
more...
serg
12-21 01:10 PM
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?
We are in democratic country. Why not ask them first? Give them due process.
They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?
thescadaman
10-09 10:34 AM
This rule change can create problems when we are about to renew our H1Bs or EADs.
H1B: You can renew 6 months before expiry and it takes about 3 months for processing
EAD: You can renew 120 days before expiry and it takes about 3 months for processing.
Hmm.. this can get very messy if we have processing delays.. any inputs?
H1B: You can renew 6 months before expiry and it takes about 3 months for processing
EAD: You can renew 120 days before expiry and it takes about 3 months for processing.
Hmm.. this can get very messy if we have processing delays.. any inputs?
more...
breddy2000
01-04 01:13 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
gc_maine2
05-12 02:01 PM
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
more...
mhtanim
12-31 03:34 PM
No FP for me either. See signature for detail.
adhantari
07-29 03:34 PM
?????????
qualified_trash
12-15 01:48 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
roseball
10-08 06:32 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
rockstart
04-23 10:24 AM
I am planning to change my apartment next week. Its same city same zip code just different apartment complex (got a better deal). I am working the same job, same profile no changes since filing my 485 in Aug 2007. I also received a RFE in July 2008 (at that time my PD was current) it was for BC for which I had submitted an affidavit from my parents since the original was in local language. For the RFE I did an notarized translation of the doc and submitted it. They had also asked for updated EVL with supporting paystubs W2. I sent that and the application has been pending since.
The question I have is will this address change trigger another RFE?. Does any one have any such experience?
The question I have is will this address change trigger another RFE?. Does any one have any such experience?
