r1977maharjan
10-08 08:06 AM
In our 485 notices, Under the section, it is stated as Unknown. priority date is blank. Please let me know if anyone is facing similar situation and what needs to be done to correct it?
Please give some input
Thanks
Please give some input
Thanks
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jjaspirant
03-18 10:51 PM
My PD is Feb 2007, EB3 category.
My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
I have an EAD.
My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.
My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
I have an EAD.
My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.
CHHAYA
11-15 08:50 AM
I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.
PD - 05/03 EB3-I
PD - 05/03 EB3-I
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ameryki
07-20 01:08 PM
tricky one. whats her legal status in the country right now?
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EdenMN
06-27 04:08 PM
Please give us more details , don't mention color of the receipts(one is Visa appointment fees and second Visa issuance fee )
as far I remember , the receipt used to get visa appointment should match with what you you submit at consulate. If you have lost it then u need to get another DD and book/if possible edit the appointment deatils
But if you have lost Visa issuance fees , u don't have to modify ur appointment details but sure you need to get another DD
as far I remember , the receipt used to get visa appointment should match with what you you submit at consulate. If you have lost it then u need to get another DD and book/if possible edit the appointment deatils
But if you have lost Visa issuance fees , u don't have to modify ur appointment details but sure you need to get another DD
walking_dude
12-12 01:42 PM
According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL O*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.
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gc_chahiye
10-29 05:51 PM
There is no need to withdraw your 485. But why do you need 2 485's. It just shuts out visas for others. You can continue on H1b with your current employer and join in EAD with the other.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
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indio0617
12-15 09:06 AM
In very simple terms : Progressive experience means your job responsibilities increase with time.
Have a question related to that:
If job / EB2 stipulates Bachelors + 5 years criteria, does it imply 5 years after obtaining the degree or can the experience be cumulative ?
Have a question related to that:
If job / EB2 stipulates Bachelors + 5 years criteria, does it imply 5 years after obtaining the degree or can the experience be cumulative ?
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kothuri
10-02 03:16 PM
I came across this article on Murthy.com and got lil nervous.
http://www.murthy.com/news/n_hombus.html
I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.
I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
1. Signing the bank checks
2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)
Does this mean that I am a clear candidate to be on INS Red alert/Radar?
I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.
Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.
-Sri
http://www.murthy.com/news/n_hombus.html
I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.
I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
1. Signing the bank checks
2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)
Does this mean that I am a clear candidate to be on INS Red alert/Radar?
I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.
Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.
-Sri
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vinzak
01-19 11:49 AM
You may want to post this in the "Ask a Lawyer for Free" section of this forum.
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bitzbytz
06-21 02:08 PM
I know a person, who was on H1b since Oct 06 without Pay (with valid H4visa stamp) and In feb 07 , she went to India and returned to US on her unexpired H4 visa. Did anyone hear similar stories.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
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pd_recapturing
04-22 07:40 PM
Yeah, right, first u need to find out which 140 was withdrawn. If the approved one is withdrawn, u r safe based on the fact that the same 140 was used with 485.
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hydubadi
07-23 10:35 PM
Please, can some answer.:confused:
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rb_248
09-11 03:18 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
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Vexir
05-09 01:52 AM
Looks like it got no attention.. lol
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anjans
07-03 08:43 PM
Hi All,
Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.
Any ideas?
Appreciate your response.
Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.
Any ideas?
Appreciate your response.
more...
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Appu
10-05 06:00 PM
Could you all please give me an opinion on this situation? I am trying to ask my lawyer, but I won't know for a few days and this is disturbing me a lot!
I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?
I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?
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gcfriend65
12-07 03:05 PM
No, it;s not possible to get the approval letter for H4 in India. It is usually sent to your home address or lawyer's address in US.
Hi
my wife has got H1 this year and
she wants to transfer to H4 as she got Ead and she
wants to use EAD .and still we didnt get AP.she wants
to leave to india in jan she dont have stamp in her
passport
if we apply now for the conversion of H1 to H4 can
she leave to india now and can i send that approval
letter to india then she goes to stamping in india.
is it possible. please suggest me
Hi
my wife has got H1 this year and
she wants to transfer to H4 as she got Ead and she
wants to use EAD .and still we didnt get AP.she wants
to leave to india in jan she dont have stamp in her
passport
if we apply now for the conversion of H1 to H4 can
she leave to india now and can i send that approval
letter to india then she goes to stamping in india.
is it possible. please suggest me
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WeShallOvercome
07-27 01:54 PM
See this from FAQ1 released by USCIS itself
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
I think you'll only lose 1-2 weeks as far as your RD is concered..
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
I think you'll only lose 1-2 weeks as far as your RD is concered..
sayonara
08-23 11:12 AM
I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
Is there anything to be concerned about?
TIA
Is there anything to be concerned about?
TIA
iheartindia79
10-25 02:30 PM
Hi,
I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.
Is this normal? Or i should contact USCIS about this?
I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.
Any responses are appreciated
Regards.
Same happened to me. I had my FP before receiving the EAD card but the card still showed FP not available. To be honest I didnt care so much ;)
I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.
Is this normal? Or i should contact USCIS about this?
I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.
Any responses are appreciated
Regards.
Same happened to me. I had my FP before receiving the EAD card but the card still showed FP not available. To be honest I didnt care so much ;)
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