GCard_Dream
09-15 05:39 PM
No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
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bkarnik
05-01 01:29 PM
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.
No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.
sunny26
04-26 09:48 PM
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santa123
06-11 12:25 AM
I have an approved labor and curious to know if PP is only for H1 extensions and not open to all. Thanks!
more...
rayoflight
09-24 01:40 PM
... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.
Cheers,
Rayoflight
Cheers,
Rayoflight
Refugee_New
07-30 11:13 AM
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
more...
dingudi
10-25 09:33 PM
But has this happened to anyone where first online status says card ordered and then it reverts back to previous status of received and pending application. And this is only for my spouse.
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gc_relief
03-06 01:25 PM
Guys this will be a good idea..If we can send a letter to Pres Obama like we did in the past..Let me know your thoughts..
more...
hmehta
09-12 07:20 PM
Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
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vrbest
05-07 04:09 PM
Soft LUD means the date changed but no message content change..
Hard LUD means both date and message changed..
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
Hard LUD means both date and message changed..
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
more...
bashp
05-13 10:12 PM
I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.
Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.
Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.
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yagw
09-26 07:27 PM
This is disheartening...
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
more...
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nik.patelc
10-23 06:36 PM
I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
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RayP
12-07 11:14 PM
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
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DesiTech
06-01 07:10 PM
:) Thanks for you info.
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trueguy
12-12 06:11 PM
DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).
:)
I work for Federal agency as contractor I know very well how things work during the holiday season.
Happy long long holiday's you all.
All this fuss is for Jan'08 visa bulletin. What Holidays you are talking about in Jan'08?
:)
I work for Federal agency as contractor I know very well how things work during the holiday season.
Happy long long holiday's you all.
All this fuss is for Jan'08 visa bulletin. What Holidays you are talking about in Jan'08?
more...
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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ashismaity
08-30 10:48 AM
I travelled outside USA before the expiry of VISA date while 7th yr H1b extension is going on based on my labor.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
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natrajs
03-12 01:49 PM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Congrats and Best Wishes
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Congrats and Best Wishes
Roger Binny
08-11 06:48 AM
Answers in bold...
Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.
So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
- As usual no one knows
b) can AC21 approach be used to port this to a EB2 category ?
- Can you be more elaborate on this
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
- If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.
Thanks.
Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.
So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
- As usual no one knows
b) can AC21 approach be used to port this to a EB2 category ?
- Can you be more elaborate on this
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
- If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.
Thanks.
sunny
10-02 02:13 PM
I am not sure if the I-94 you receive along with your H1 approval means anything.
Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.
Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.
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