Nagireddi
11-27 10:48 PM
Same with my case any guesses are welcome.
Jaime
10-13 01:46 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR2007101201640.html?hpid=opinionsbox1
"Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.
Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)
Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?
"Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.
Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)
Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?
abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
CADude
02-27 01:00 AM
Each category(EB2 or EB3) has it's own cut off date. Per March VB, EB3 India is Aug 2001 and Eb2 is U. If VB date is current for both category then I-485 RD matters most.
There are many tread here to predict VB cut-off date for each category. So your guess as good as mine. :)
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
There are many tread here to predict VB cut-off date for each category. So your guess as good as mine. :)
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
more...
GCBy3000
07-18 04:46 PM
This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
ashkam
07-19 02:39 PM
Use this one, I USED IT!!. Really good. USCIS Format.
http://www.online-languagetranslators.com/marathi.htm
I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.
http://www.online-languagetranslators.com/marathi.htm
I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.
more...
gcgreen
08-14 01:57 PM
One of the things I have heard explicitly from folks in India is: Come here first, then apply. They are typically unsure of folks who want to return until they actually do it. Leaving the US is not easy. From thought to action is difficult :-)
This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.
I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..
That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.
I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.
This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.
I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..
That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.
I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.
snathan
08-26 09:02 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
more...
maddipati1
02-04 06:11 PM
i used to think based on I-131 instructions that, if we leave before AP aprroval, its considered abandoning 485. but my lawyer clarified that, thats true only if u dont have any oher status than AOS. if i leave before AP approval i can use H1 stamp to get back in and use AP for travel next time.
thx LIGP
thx LIGP
kaisersose
04-16 10:00 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
more...
rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
more...
nixstor
04-03 04:45 PM
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
How many days ahead can one apply for the EAD now? Is it still 120 days or Is it 90 days now?
Thanks
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
How many days ahead can one apply for the EAD now? Is it still 120 days or Is it 90 days now?
Thanks
paskal
06-20 12:52 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
more...
vamsi_poondla
09-21 03:18 PM
Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
k_usa
12-01 12:42 PM
Same with me. Mine is also H1 extension with VSC.
My notice date is 10/31/08 and RD is 10/28/08
Hello Everyone,
My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.
When I do the case search on USCIS.gov site, it says:
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.
Thanks
PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.
My notice date is 10/31/08 and RD is 10/28/08
Hello Everyone,
My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.
When I do the case search on USCIS.gov site, it says:
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.
Thanks
PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.
more...
newu77
08-08 04:58 PM
Oops - I am also in same boat:(.
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
inskrish
09-05 03:04 PM
No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.
nkavjs
09-26 05:00 PM
Ok I made the decision. I emailed my sponsor (employer) to change me from h1B to EAD and will be a part-timer. I will be working 10 hrs per week.
Possibly I might work 10-15 hrs with a different employer too (in same field).
I was asked to change I-9 form and update the changes.
Am I supposed to do anything else from my end, which my employer has not told me yet?
Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
DO we see any trouble with my GC processing?
EB3-india July 2003, I140 approved 2006.
Thanks
RPH
Possibly I might work 10-15 hrs with a different employer too (in same field).
I was asked to change I-9 form and update the changes.
Am I supposed to do anything else from my end, which my employer has not told me yet?
Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
DO we see any trouble with my GC processing?
EB3-india July 2003, I140 approved 2006.
Thanks
RPH
immiindi09
01-12 05:38 PM
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
processing time?
vishal
04-16 01:10 PM
hi friends,
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
