gcdreamer05
09-22 12:58 PM
I got my AP approved on 09/13 and got the documents on 09/20
could you please share when you applied for AP so that we can know how long it took for approval after RFE...
could you please share when you applied for AP so that we can know how long it took for approval after RFE...
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alterego
06-21 10:27 PM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
desitechie
01-12 09:35 PM
Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.
What happens if an individual has completed 6 years on H1 and is in 7th or 10th... extension? Does 485 denial invalidate the associated 140 too? Will it not make the H1 invalid too?
Thanks
What happens if an individual has completed 6 years on H1 and is in 7th or 10th... extension? Does 485 denial invalidate the associated 140 too? Will it not make the H1 invalid too?
Thanks
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zCool
04-01 10:36 PM
This is where you start showing streaks of schizophrenia ..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
more...
Lasantha
04-25 02:23 PM
I don't think there's anyway around it. Try to visit over a weekend, leave Friday evening and return Sunday. If you not you will loose the your PR which would be a waste.
Lasantha
Lasantha
Rajwaitingon140
11-20 06:27 PM
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Sunny is right.
The approval came after 27 days of opening the SR.
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Sunny is right.
The approval came after 27 days of opening the SR.
more...
dallasmbs
07-17 05:40 PM
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
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gcwait2007
12-21 08:51 PM
Thanks, Bestin.
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
more...
greyhair
07-01 07:43 AM
Recently I started looking other options in India, Britain, Canada and Australia.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
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ysnraju
12-05 11:01 PM
In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
more...
Blog Feeds
11-30 03:21 AM
Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.
Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.
If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.
Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)
More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)
Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.
If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.
Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)
More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)
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a_yaja
06-05 10:12 PM
Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
more...
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dskhabra
02-23 02:38 PM
Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.
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Pineapple
01-15 01:46 PM
Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.
1) Pension that is available every month for life.
2) Free treatment at Army Hospitals.
3) Subsidised cost at Military Canteen facilities for provisions etc.
In my opinion, the strongest proof of connection to the home country is that the person has put his/her life on the line in her (the home country's) defense..
(Obviously, my opinion does not matter to the consulate officers who give the visa :rolleyes: )
1) Pension that is available every month for life.
2) Free treatment at Army Hospitals.
3) Subsidised cost at Military Canteen facilities for provisions etc.
In my opinion, the strongest proof of connection to the home country is that the person has put his/her life on the line in her (the home country's) defense..
(Obviously, my opinion does not matter to the consulate officers who give the visa :rolleyes: )
more...
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Aah_GC
05-05 04:59 PM
Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.
Good suggestion :). Will definitely act on that ASAP!
Good suggestion :). Will definitely act on that ASAP!
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sgupta33
08-28 04:07 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
more...
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vkmm
08-07 02:58 PM
You should be able to do your landing and H1 stamping with no problem.
I have done the same last year. Process is very smooth and of course not dependent on each other.
I have done the same last year. Process is very smooth and of course not dependent on each other.
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GCSOON-Ihope
11-04 05:32 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
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nousername
10-09 06:48 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
stucklabor
03-16 09:36 AM
I am not sure how we can conclude that there is massive corruption and mismanagement. According to this report, tons of immigration applicants knowingly commit fraud in their applications. For instance, people file frivolous I485 applications that have no chance of succeeding, just to get EAD/AP. USCIS is having trouble balancing the Presidential mandate to reduce the backlog - which means faster processing of each application - with the need to detect and prevent fraud, which means taking a longer time over each application.
The title of this thread is quite misleading, IMHO.
The title of this thread is quite misleading, IMHO.
xela
11-12 09:25 AM
The question is who has the answer, other than the people at uscis that dont want us to know?
I dont understand any of the EB3 not moving it is the beginning of the fiscal year, they should be moving forward not be stuck....
Are we going to have another July 2007 fiasco?
I dont understand any of the EB3 not moving it is the beginning of the fiscal year, they should be moving forward not be stuck....
Are we going to have another July 2007 fiasco?