kaisersose
04-16 03:17 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
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GC Struggle
04-10 03:54 PM
EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.
shadowbuddy
03-17 12:56 AM
I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.
I will keep you all posted as to how it goes over the next couple of weeks.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.
I will keep you all posted as to how it goes over the next couple of weeks.
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gc_buddy
09-12 09:54 AM
I believe the consulates aborad depend on the information on the internet.
Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..
They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..
They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
more...
eb3retro
07-11 05:16 PM
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..
srikondoji
05-21 05:29 PM
"Senate Majority Leader Harry Reid said the bipartisan compromise reached late last week is imperfect but a starting point for debate."
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
more...
anjans
07-10 08:15 PM
Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?
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manderson
07-13 12:51 PM
like filing EAD and AP but not 485 (per Greg Siskind's opinion - Siskind-haters pls don't kill me!! :) )
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GVR
02-01 01:19 PM
I completed the landing process in mid-Dec. We entered Canada by road. One advice - do not complete any of the forms, the Imm officer would do it in your presence. In our case, there were no issues/ questions related to the fact that we were providing a friend's address for mailing the PR card. We received the cards two days ago.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
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sparky_jones
02-18 04:15 PM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
Did the interview request from USCIS specifically mention the DUI?
Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php
I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.
Is this going to affect my GC in anyway? I need some guidance here.
Did the interview request from USCIS specifically mention the DUI?
Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php
I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.
more...
immiadvise
12-30 03:11 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
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eb3retro
04-30 09:23 PM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
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vegasbaby
02-23 12:40 AM
I have similar question about EB2 and experience with current employer
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
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FinalGC
03-30 12:57 PM
Guys....stop getting into wrong conclusions from my question....If you read my question carefully....you will see I started the question as a "case"...so it was a "case scenario" and not a state where my GC was approved.
To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....
To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....
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gk_2000
05-20 05:26 PM
One who must not be Paid attention to
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Honda
06-24 12:29 AM
We applied on July 2nd during July 2007 VB fiasco.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
Did you get any updates regarding your RFE?
Once you got the RFE plz post it. It might be useful for the other people. Thanks.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
Did you get any updates regarding your RFE?
Once you got the RFE plz post it. It might be useful for the other people. Thanks.
more...
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guyfromsg
07-26 08:24 PM
For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?
jazz
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
jazz
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
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nfinity
06-11 06:09 PM
Another one clicked the link thinking it was out!
LOL:D
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styrum
02-13 11:50 AM
Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
Dhundhun
04-29 02:40 AM
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
gc_chahiye
07-13 10:48 AM
What about ... "Allow 485 apps based on original July bulletin(accept July filers only)"
yeah. also, allow EAD+AP if I140 is approved, but dont allow 485 filing.
yeah. also, allow EAD+AP if I140 is approved, but dont allow 485 filing.
