techskill
08-14 05:05 PM
Hi all:
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.
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prince_waiting
04-14 05:00 PM
hi prince,
regarding ur post, there is a correction.
holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.
holding a valid visa or Adv parole is good . but not just an appr notice.
thanks
The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.
regarding ur post, there is a correction.
holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.
holding a valid visa or Adv parole is good . but not just an appr notice.
thanks
The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.
Winner
10-11 09:12 PM
Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.
These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.
I know there are some members in this forum who will try to shout you down and make you quite.
But I feel if one believe in what is right then one should go ahead irrespective of what others think.
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.
I know there are some members in this forum who will try to shout you down and make you quite.
But I feel if one believe in what is right then one should go ahead irrespective of what others think.
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
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brij523
11-12 04:02 PM
for the member who helps us complete our first century..
I change my membership from GA to TX. Where is my T-shirt?
I change my membership from GA to TX. Where is my T-shirt?
more...
msp1976
01-11 11:34 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
zCool
04-01 10:36 PM
This is where you start showing streaks of schizophrenia ..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
more...
prasadn
01-07 04:10 PM
Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.
Hope this helps.
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.
Hope this helps.
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HRPRO
02-10 12:46 PM
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
You should be good Krish
You should be good Krish
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PresidentO
02-07 12:37 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
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martinvisalaw
06-29 10:30 AM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
more...
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cinqsit
09-16 12:37 PM
i read somewhere on the forums that fbi name check and fingerprinting checks are two different checks carried out separately.
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
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chava_100
09-03 02:16 PM
Same thing with me. My priority date May 3rd, 2006. I got EAD renewal email today.
Hello Folks,
I'm Aug-2005 EB2-I.
Haven't received my GC yet.
I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).
My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.
So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?
Thanks
Hello Folks,
I'm Aug-2005 EB2-I.
Haven't received my GC yet.
I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).
My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.
So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?
Thanks
more...
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amulchandra
02-06 06:47 PM
Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
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radhay
08-05 11:51 AM
Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.
You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th pay stub should be sufficient but if you have access to your latest electronic pay stubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th pay stub should be sufficient but if you have access to your latest electronic pay stubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
more...
pictures Wikinger?
caca1225
12-28 08:14 PM
AILA Leadership Has Just Posted the Following:
AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts.
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts.
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
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watzgc
02-12 07:44 PM
Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
more...
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skark
03-18 11:55 AM
I just noticed in I-765 that if you are applying for EAD renewal then they need you to send your current Employment authorization document! Did anyone that applied for EAD renewal send their EAD card with their application. I'm concerned because if one is working on EAD and needs to send this document 120 days prior for the renewal process and does not get the new EAD for couple months, what proof does one have on work authorization?
I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!
I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!
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kaisersose
07-19 10:48 AM
USCIS local offices no longer issues interim EADs. Go to immigration.com and and bring up July/August 2006 newsletter.
You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.
But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?
I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.
You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.
But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?
I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.
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chmur
03-23 10:42 PM
H1B extension takes 2 months . You are 4 months out from your trip out of country.
jsb
08-21 09:38 AM
still waiting
I am not far behind you.
I am not far behind you.
sprash
03-08 11:49 AM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
