Monday, June 20, 2011

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  • BPforGC
    10-15 12:28 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------




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  • chanduv23
    05-11 11:32 AM
    I Used their tool but sent the folllowing message

    Greetings. My name is XXXXXXXXXXXXX. I

    am a citizen of India and have been living in the United States for close
    to 7 years on a H1b visa and work as a Senior Software Consultant catering

    to various Ammerican clients and my employer is located in Irving, Texas.

    My Green Card petition was filed by my employer under the EB2 category and
    my I 140 petition has been approved, but I am unable to file for i485
    (Adjustment of Status) because visa numbers are not available. My wife is
    also on a H1b visa and is a first year resident physician at a Community
    Hospital in Brooklyn, New York on a H1b visa.
    Based on the fact that we have been law abiding tax paying legal
    immigrants, we would like to reach out to you and let you know our issues.
    Our main issue is career stagnation. Unavilability of visa number
    (retrogression) locks us up with the same employer for years together and
    does not allow us to grow careerwise and unable to make critical and life
    decisions.
    We duly understand that there is a 7% per country upper limit when
    Visa numbers are allocated and the fact that India and China has been over
    subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
    Bill have provisions to raise the cap and we would like to support these
    bills and the provisions.
    High tech and health care are sectors where highly skilled immigrants
    from all over the world are attracted to and want to contribute in the
    best ways we can to pursue our American dream. We would like to contribute
    to the growth and development of America in the best possible way. Please
    support us and help us in our cause.

    Sincerely,


    XXXXXXXXXXX
    718XXXXXXXX




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  • sen
    10-19 10:54 AM
    Some of my friends who used AC21 moved to jobs having salary more than 50% of their current one. All got their GCs approved and didn't have any issues. But from what i read from multiple sites, the salary should never go below the one that's mentioned in LCA.




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  • BEC_fog
    07-04 12:13 PM
    Could someone please post the article here?



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  • maverick_joe
    05-07 01:14 PM
    its not mandatory to work while on EAD but did you do a job on EAD at any point of time to get out of H1 status?

    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP




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  • GCHope2011
    02-05 06:31 AM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.



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  • sunny1000
    04-20 03:09 PM
    I-94 also does not have the date written

    In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:

    Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?

    A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
    Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

    Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

    The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.

    Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.




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  • baba84
    04-26 03:28 PM
    what does your lawyer say about the matter?



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  • gc_on_demand
    05-22 10:18 AM
    Hello -

    if they are to terminate concurrent filing. How long would it take for
    the rule to take place. This includes 2 months comment period and all

    Thanks

    P :)


    I think after comment period with in week they publish rule in federal register.

    So at max by aug 15th they will make this rule.




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  • Maverick_2008
    02-22 10:14 PM
    I'm sure you know the logic why it goes backwards but your comment did bring a smile on my face. Isn't it interesting that arguably, the most progressive country is working backwards? :)

    Maverick_2008


    How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?



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  • morchu
    05-21 12:45 AM
    H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.

    if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.




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  • pappu
    07-14 10:18 AM
    Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
    http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif

    photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif



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  • darsh678
    12-26 03:17 PM
    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.

    Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...

    I plan to be under new employer with the same job description while going on for vacation and returning back on AP.

    Please clearify...




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  • sh2005
    08-13 11:24 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!

    It makes predicting when our applicatios will be done a little harder :)



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  • p_aluri
    06-11 05:40 PM
    You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.

    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks




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  • flexi
    04-04 01:55 PM
    ... for your help! Now, what do you guys think about getting paid until the end of June by the 1st employer (but at the same time starting to work inofficially i.e. observing only for the 2nd employer) and then going back to work for a couple of weeks for the 1st employer but staring to get paid by the 2nd so that it's fair for both? Would that be legal? If not, there really isn't a good way to deal with this since the new H1Bs are valid not before Oct (if i'd apply for 2 H1Bs), right? I obviously don't want to jeopardize my visa to make my old employer happy so don't want to do anything that's not completely OK in that regard....
    In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
    Thanks again!
    PS: more complicated now???
    PPS: germany.... not india.... but would love to go there on the way back :cool:



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  • stxvr
    07-20 12:12 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?




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  • GC20??
    08-24 04:47 PM
    any updates on status of background processing for your 485 ?
    No updates yet. Though I know its useless I am taking an infopass tomorrow and will have IO open a service request.




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  • mpadapa
    06-13 04:36 PM
    Thanks for the update.
    Folks, please call u'r own lawmakers and the lawmakers listed on the phone campaign. Every call from constituents are very important.

    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.




    chantu
    06-04 10:13 AM
    I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.

    I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.




    Jaime
    09-04 10:46 AM
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