ilikekilo
07-18 10:40 AM
Really makes me feel awful when I come across someone who is waiting since 2001 for labor.. This system is seriously broken.. I myself had to wait for over three years to get my labor, and I know how frustrating it is.. I have two friends with priority date older than mine, and they are still stuck in labor. Very depressing. I wish and hope the *&$%!*#@ at Philly and Dallas get their act together and there is a flurry of labor approvals in the next few weeks..
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
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irock
07-27 12:15 AM
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
4move
10-12 07:29 PM
I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.
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morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
roseball
02-17 06:06 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
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lj_rr
11-11 03:47 PM
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
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GC08
04-04 08:56 PM
I am kinda wishing it were down... it is too depressing to see those days never move. :(
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ajain
05-27 02:38 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
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langagadu
03-29 03:49 PM
Ready
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ghost
07-24 07:52 PM
Murthy is Immigration Attorney: www.murthy.com
IV is Immigration Voice
IV is Immigration Voice
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joshNJ
06-29 12:06 PM
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
thanks
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deardar
09-14 08:44 AM
Flying to DC for their GC.............
Happy to know that there are still people who like and know how to make a difference.
Happy to know that there are still people who like and know how to make a difference.
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krishnam70
02-27 02:03 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
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kshitijnt
05-05 12:36 AM
No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.
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rsayed
08-20 09:16 PM
only word for this is RIDICULOUS.....
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
more...
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thomachan72
07-14 06:29 AM
Was there any reason why company A would not take on your GC case?
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Aura M.
02-21 03:59 PM
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
Oh my God you are so polite... What an answer
sorry dude but that's the reality
Oh my God you are so polite... What an answer
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BharatPremi
03-18 01:44 PM
what is GC sponser?
Amazing... Do you really have an EAD?
Amazing... Do you really have an EAD?
abhishek101
05-16 03:34 PM
My wife received her green card on Friday so I think it is the latest info.
It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.
Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.
It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.
Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.
wanaparthy
03-25 01:32 PM
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