Wednesday, June 8, 2011

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  • dixie
    06-20 01:56 PM
    :(

    I wish people here are more sympathetic to those who are ignorant about
    the gravity of the current situation.

    supers789,
    this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...

    Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.





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  • txuser
    03-12 06:27 AM
    You need to go to https://efiling.uscis.dhs.gov/efile/ and create an account for e-filing your petition.

    I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)

    When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.





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  • lostinbeta
    10-20 09:33 PM
    I think he is referring to your transition effects on your site.





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  • sidbee
    10-26 04:21 PM
    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.

    This is totally wrong information.

    If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.

    If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.



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  • ImmiRam
    09-13 02:39 PM
    You can always fight....so long u have cash to burn.

    I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).

    btw, I dont get why I am already 'infamous' :)





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  • chanduv23
    07-09 12:48 PM
    Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs



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  • MetteBB
    05-16 03:48 PM
    hey kirupa...

    will any of these stamps be added up? http://www.senocular.com/smilies/think.gif


    /mette





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  • number30
    11-24 04:06 AM
    Hi All,
    I am self-filing my i-131 application this week. Here are the briefs about status:

    Current Status: Working on EAD, 485-pending (July 2007 Application)

    I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.

    I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.

    1. Completed form I-131
    2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
    3. Copy of EAD
    4. Copy of I-797C (I-485 receipt)
    5. Copy of Arrpoved I-140
    6. Copy of all pages of Current passport
    7. Copy of all pages of expired passport
    8. Copy of Driver's License
    9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
    10. Birth certificate (again do I need this. but I read somewhere)
    11. Letter explaining why I qualify for AP (is there standard format for this? )

    I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.

    Thanks a lot.
    Usualy Following is the list
    AP application
    2 photos Photo
    Check
    I-94
    A letter explaining why you need AP(sample letters from ),
    Copy of I485 receipt
    Covering letter
    Copy of Arrpoved I-140
    Marriage certificate



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  • jlt007us
    10-06 06:09 PM
    Don't worry. You will mostly get RFE but not a rejection.

    My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.

    I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.





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  • sk.aggarwal
    03-24 11:36 AM
    My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.



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  • EB2_Jun03_dude
    11-29 04:15 PM
    yes I did. Here are my details

    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.





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  • wandmaker
    10-26 10:51 AM
    You can extend your h1 by 1 year, if you labor has been pending more than 1 year. 3 year extension is allowed when you have the approved I-140.

    If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

    I hope this helps and good luck on your green card pursuit...



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  • xyz2005
    08-06 04:53 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Heartiest congrats
    Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.

    Take care and accept our heartiest congrats once again.

    Best Regards,





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  • nefrateedi
    08-29 01:32 PM
    I found this link, please see and tell me what is your interpretation:

    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
    I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
    Effective July 30, 2007.

    Please share your opinion about this....I really want to make sure that I'm safe.
    Thanks in advance.

    Looks like you're all set...no need to worry!



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  • pmpforgc
    11-01 02:49 PM
    Dear Friends

    My I-140 (Sch-A cat-II, recipt date 08/24/2006, upgraded to premium on Oct-25) got approved on Oct-30, 2006

    My I-485 was also filed concurrently. I already got finger printed 09/06/06 and there were LUDs on I-485s after that on O9/07/06 and 09/14/06.

    After my I-140 approval on Oct-30, My and my families I-485s has LUDs on 10/31/06 and 11/1/06.

    Based on your experience, does the recent LUDs on my I-485s suggest some type of approval process?

    Can you share your expereiences and knowledge and tell me what these recent LUDs on my I-485s means?

    thanks





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  • asanghi
    03-29 04:35 PM
    What can I do? Franklin, Can you also send the documents to me. I ,live in Santa Clara. I know my congressman is Mike Honda. How do I find out who is my senator?



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  • corleone
    11-06 10:17 AM
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..

    thanks,
    srikanth

    http://www..com/discuss/485eb/50526069/





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  • ChainReaction
    08-04 07:53 AM
    from immigration-law.com
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.

    We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07





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  • snvlgopal
    06-26 05:49 AM
    I am in the same boat, yesterday talked to the Attorney Murthy, she said there is no need of H4 approval document/extension if they go out of country. If Stamping is needed your extension of H1 Should be approved





    MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.





    navyug
    08-13 05:06 PM
    My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.

    I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?

    After I switch jobs will I be able to go back to my old employer if I would want to .
    Appreciate it if you can help me on this.

    Thank you.

    Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.

    Any reason that you want to go back to your old employer? Why quit in the first place than...



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