viper673
06-07 12:37 PM
Yes pending 485 at TSC.
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
shirish
10-02 11:14 AM
I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.
I am bit confusedon this though.
I am bit confusedon this though.
logiclife
08-03 05:37 PM
I know what I did was wrong. But what should I do now?
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
ngopalak
10-14 11:14 PM
Thanks for the info....sounds like a good idea!....I will ask my lawyer abt this...
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
more...
baburob2
11-02 02:42 PM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.
a1b2c3
02-05 10:12 PM
I'm also in the same boat. Cases after me are getting approved.:)
more...
MahaBharatGC
10-13 11:45 AM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
pappu
10-23 11:45 AM
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.
I will correct my post to be more specific.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.
I will correct my post to be more specific.
more...
ChainReaction
04-18 07:09 AM
www.immigration-law.com
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
SFSweta
08-22 03:26 PM
Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
more...
rsdang
08-25 02:06 PM
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
gcwait2007
12-25 10:12 PM
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
Guru Lazycis,
The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.
Thanks a lot.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
Guru Lazycis,
The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.
Thanks a lot.
more...
jayleno
12-02 05:44 PM
For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
.jpg "poems for best friends. poems")
chanduv23
12-04 04:12 PM
in BBC
http://news.bbc.co.uk/2/hi/south_asia/7766139.stm
http://news.bbc.co.uk/2/hi/south_asia/7766139.stm
more...
asanghi
02-26 02:48 PM
No need for AP. If someone mails him the GC, he can get back to the U.S. with it.
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
signin241
04-04 02:00 PM
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
Is there any risk involved here and if so, please let me know
Thanks in Advance
more...
keerthi
05-10 03:01 PM
We asked the AAO for an update since the case status has not been changed for the past 3 months and this is what we got from them...
"Appeals of an I-129 petition take about 6 to 8 months to process. It starts from the date your file was received into the Administrative Appeals Office. Please wait patiently for your case to be reviewed, thank you."
My case was transferred to the AAO by February 9, 2009 (as per the USCIS website). So, should I wait until October 8, 2009 for a decision or should I withdraw the case and re-file again?
What are my chances of getting it approved before October 2009?
Also, I only hold a 3 years Bachelor's degree and possess 6 years of work experience of which 5 years goes to the petitioning company. Is there a chance that I would be rejected based on the grounds of my degree?
"Appeals of an I-129 petition take about 6 to 8 months to process. It starts from the date your file was received into the Administrative Appeals Office. Please wait patiently for your case to be reviewed, thank you."
My case was transferred to the AAO by February 9, 2009 (as per the USCIS website). So, should I wait until October 8, 2009 for a decision or should I withdraw the case and re-file again?
What are my chances of getting it approved before October 2009?
Also, I only hold a 3 years Bachelor's degree and possess 6 years of work experience of which 5 years goes to the petitioning company. Is there a chance that I would be rejected based on the grounds of my degree?
admin
04-03 07:32 AM
Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
admin
04-13 10:00 PM
Section 406(Pg 287) and Sec 619(Pg 503) of S 2612 discusses the effective date of the new rules. But these dates pertain only to provisions for the unskilled temporary worker program and the agricultural worker program. I think Session's amendments was for only these 2 categories. Other stuff like Border Security they would want to get it going at the earliest.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
enver
06-13 04:00 PM
Im from Turkey.
clif
06-15 06:00 AM
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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