immivjj
10-03 01:26 PM
Hi,
I'm sorry if this question sounds trivial, what is LUD? My FP was done on Sep 19 and I checked the uscis website today using my i-485 receipt #. I don't see any update. Please let me know.
I'm sorry if this question sounds trivial, what is LUD? My FP was done on Sep 19 and I checked the uscis website today using my i-485 receipt #. I don't see any update. Please let me know.
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gc??
08-18 03:13 PM
Do we have to post the questions here first, for it to be taken up on the call? Please advice.
Templarian
03-24 10:31 AM
Hmm... ties for first and 3rd places. Someone vote. :lol:
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pd_recapturing
10-19 11:19 AM
"But make sure that your to-be-used I-140, PD must have captured."
Not sure what this means?
What it means that when you apply your 2nd I-140, make sure you request for PD porting as well.
Not sure what this means?
What it means that when you apply your 2nd I-140, make sure you request for PD porting as well.
more...
piyu7444
08-19 11:03 PM
The fear is of USCIS rejecting the secondary application (due to insfficient evidence -wedding certificate)
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
vishwak
11-23 10:54 AM
I think you might have missed soem field in Application like Eligibility Criteria or made mistake in selecting the proper answer.
I heard that some people are getting EAD for 1 year only, which is sad and again have to go back and pay $360 (Taxed money) in a year.
I heard that some people are getting EAD for 1 year only, which is sad and again have to go back and pay $360 (Taxed money) in a year.
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vactorboy29
02-19 04:46 PM
My point was that it doesn't matter. It represents $1000/ per person, hardly enough to make a dent in poverty. We need sensible labor laws, a pro-business attitude, and that money will return to India.
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won�t be fighting for GC here these westerns at our door step.
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won�t be fighting for GC here these westerns at our door step.
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helmet
08-27 01:27 PM
That you can find on your approved I140. It will be mentioned EB2 or EB3
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deafTunes123
08-27 03:25 PM
Well Said.
Seems nothing is believable unless you see the GC in mail box;).
Seems nothing is believable unless you see the GC in mail box;).
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WillIBLucky
12-11 01:26 PM
Yes its good USCIS have revenue to hire more people to process our applications. Well said.
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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Widget
01-04 11:22 AM
I have 2 questions, the first one is about changing the employer after 180 days, what do we need to change the employer? do we have to file any thing with DOL or INS? do we need to be sponsered by the new company?
The second question is about the ability of the spouse to work, what is needed for her to work? just getting EAD and he/she can work for any employer?
Thanks.
It will help. I will give you an practical example.
I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.
My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.
The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?
The second question is about the ability of the spouse to work, what is needed for her to work? just getting EAD and he/she can work for any employer?
Thanks.
It will help. I will give you an practical example.
I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.
My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.
The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?
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loudoggs
08-14 05:13 PM
If the person gets the visa stamped on the passport at the US consulate abroad, I do not see any problems re-entering.
AP is only optional. You can always get a valid US visa stamp based on the approved petition and use the H-1 visa stamp to re-enter.
I am not sure what the confusion here is:rolleyes:
There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.
-ch
AP is only optional. You can always get a valid US visa stamp based on the approved petition and use the H-1 visa stamp to re-enter.
I am not sure what the confusion here is:rolleyes:
There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.
-ch
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prince_waiting
08-26 03:04 PM
Even Alabama renews license only till the data on the 1-94
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sanjeev_2004
08-27 09:54 PM
skdskd and sanjeev_2004 sound one and the same, what are you doing, trying to have some support because nobody is supporting you, i can see that you are fooling in here all day and blame that somebody wants ead for day to day living ? it is you losers who spend all day here fooling around making fun of others, go get a life outside this kind of cheap jokes.
sksatmt:
I have 2 more ids. I always play with you. Can you find my other ids also?
If you will find my other ids than i will salute you. You will also get EAD as reward.
I will check your output in night also.
good luck.
sksatmt:
I have 2 more ids. I always play with you. Can you find my other ids also?
If you will find my other ids than i will salute you. You will also get EAD as reward.
I will check your output in night also.
good luck.
more...
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desi485
11-07 03:14 PM
Friends,
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
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vnsriv
09-26 01:56 PM
Hi,
I got an email saying "we mailed the document to the applicant" and it says the same thing on my uscis protfolio.
I would like to know if this means the case was approved or is it some other document being sent.
When they approved my EAD, it clearly said "Approval notice sent".
When they approve a case then status clearly says 'Case Approved'.
The email "we mailed the document to the applicant" may be anything or nothing, like if they transfer ur case to different service centre, they send a notice. Some time they don't send anything even though the email contradicts it. Keep checking the status, they might update it later if the case has been approved.
Also, for AP keep bugging ur attorney to see if they got it. For EAD, make sure your mail box has your name clearly, otherwise they won't deliver it.
I got an email saying "we mailed the document to the applicant" and it says the same thing on my uscis protfolio.
I would like to know if this means the case was approved or is it some other document being sent.
When they approved my EAD, it clearly said "Approval notice sent".
When they approve a case then status clearly says 'Case Approved'.
The email "we mailed the document to the applicant" may be anything or nothing, like if they transfer ur case to different service centre, they send a notice. Some time they don't send anything even though the email contradicts it. Keep checking the status, they might update it later if the case has been approved.
Also, for AP keep bugging ur attorney to see if they got it. For EAD, make sure your mail box has your name clearly, otherwise they won't deliver it.
more...
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validIV
03-17 08:53 PM
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
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alinaturkova
01-15 08:11 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
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chem2
04-22 05:46 PM
Filed with VT service center in early Dec '07. RFE issued 4/14/08. Lawyer should have already responded to RFE. Hopefully approval is a few days away.
nmdial
03-01 03:10 PM
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
My parents had submitted a notarized affidavit to the registrar (death and birth) of the local municipality and obtained my birth certificate. That was in 2006, the rules may have changed by now.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
My parents had submitted a notarized affidavit to the registrar (death and birth) of the local municipality and obtained my birth certificate. That was in 2006, the rules may have changed by now.
gc_chahiye
08-23 06:49 PM
What is Code 3 and Code 1 ? My Notice says Code 3
from:
http://www.immigrationportal.com/archive/index.php/t-191494.html
Code 1 is all 10 FP. This is electronically sent to FBI the same day, they run it to match thru their database to match it with criminals/persons of interest and send the results the same day (or the next) to USCIS. Code 1 is very important as it is part of your security/background check and determines admissibility for gc.
Code 2 (index+photo+sign) is for the generation of cards for immigration benefits e.g. EAD, gc etc. If you filed for EAD, you definitely need code 2 or the card can not be generated.
Code 3 is a combination of both, when USCIS wants to get a security check done on you as well as generate cards (EAD) for you.
Code 1 expires after 15 months e.g. FBI needs to check their database again. I have had two code 1. Code 2 is done everytime we apply for benefits (EAD- once a year).
from:
http://www.immigrationportal.com/archive/index.php/t-191494.html
Code 1 is all 10 FP. This is electronically sent to FBI the same day, they run it to match thru their database to match it with criminals/persons of interest and send the results the same day (or the next) to USCIS. Code 1 is very important as it is part of your security/background check and determines admissibility for gc.
Code 2 (index+photo+sign) is for the generation of cards for immigration benefits e.g. EAD, gc etc. If you filed for EAD, you definitely need code 2 or the card can not be generated.
Code 3 is a combination of both, when USCIS wants to get a security check done on you as well as generate cards (EAD) for you.
Code 1 expires after 15 months e.g. FBI needs to check their database again. I have had two code 1. Code 2 is done everytime we apply for benefits (EAD- once a year).
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