dilipb
01-31 05:32 PM
What I am asking is "what does processing date mean"?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
Jaime
01-30 04:43 PM
Would love any help!! Thanks!!!
insbaby
02-25 04:23 PM
** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
hate_me
03-21 09:09 AM
Online status is not always updated and cannot be trusted that much, I recieved my EAD in October and online status still shows as PROCESSING. Have your friend talk to his attorney and employer and ask them if they have recieved I140 denial notice. And anyways your friend needs attorney's help as this is not a general question which can be answered on the forum by everyone. Tell him not to waste time and look at all the options. Good Luck
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
more...
acecupid
08-05 09:39 PM
http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/uscisdotgov_mockup_28july09.ai.pdf
coopheal
03-13 10:12 AM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
more...
crystal
08-14 08:07 PM
They can study without any issue.They dont need any permission. Universersities allow to study on H4. Only thing is they cannot work like an F1-student.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
eb3_nepa
02-18 11:17 AM
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
My point here is:
Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.
Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
My point here is:
Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.
Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.
more...
bkn96
02-18 12:43 PM
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
raj_k
07-14 12:47 PM
Philippines GC numbers are almost exclusively Schedule A (nursing etc) - 23K consumption is out of the 50K that was authorized by congress as a one time adjustment in '05 - so these no:s are over and above the yearly 140K and hence does not put Philippines in the "oversubscribed" column (go figure)...
I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
more...
krishnam70
02-22 11:45 PM
hi,
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
easygoer
05-14 02:32 PM
Shujaat,
Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.
Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.
more...
pxu7728
07-20 07:32 PM
cut paste from website : murthy
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
ash0210
11-18 03:52 PM
logiclife, thats the "trap" (& excuse) I am trying to break by providing some solution in my earlier mail...
Is "immigration" process a "Rocket" science?
When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?
Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...
What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!
Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?
Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..
Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
Is "immigration" process a "Rocket" science?
When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?
Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...
What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!
Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?
Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..
Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
more...
cox
October 25th, 2005, 11:51 PM
I think the timing is a matter more of when those of you who have to travel can make it here. For the locals, I think we're a lot more flexible. I would suggest a pre-xmas timing (mid to late dec). Right now, the fog on the bay is pretty bad, but toward xmas it usually lightens up. The weather will be chilly (esp. Marin & the seashore), but it never really gets cold here like those of you who have midwest or northeast winters. ;) Hotel rates should also be good. I'm looking forward to meeting any of you who can make it out here!
I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.
I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.
fromnaija
08-03 12:12 PM
With a priority date of July 2006, you are looking at another four to five years before you get your GC barring any changes in current laws and available visa. Many people advise that you maintain your H1 during the wait just to have a fallback position in case your 485 is denied.
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
more...
rinkurazdan
05-30 04:47 PM
People have started saying they would be happy to get GC in 5-10 years.
I think we deserve a little more than 5-10 yrs for our GC after having lived most of our professional lives in US....paid taxes...applied for PR....and followed the law of the land...Dont let ur head drop just because u r an imigrant....everyone of the US citizens and even those in Congress are desecndants of immigrants...REMEMBER that.
I think we deserve a little more than 5-10 yrs for our GC after having lived most of our professional lives in US....paid taxes...applied for PR....and followed the law of the land...Dont let ur head drop just because u r an imigrant....everyone of the US citizens and even those in Congress are desecndants of immigrants...REMEMBER that.
voldemar
06-27 11:53 AM
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
unseenguy
06-19 05:14 PM
I would not be surprised if it is all CIA or MIA instigated drama. On one count Ayatollah seems to be correct, how can 11 million votes be rigged?
Kevin Sadler
October 23rd, 2005, 02:57 AM
if i'm around, sure. i was just up there today near petaluma.
lostinbeta
10-02 02:46 PM
Kirupa has a hidden Inspirtation section on his site. You can find the wallpapers page here....
http://www.kirupa.com/gallery/wallpapers.asp
http://www.kirupa.com/gallery/wallpapers.asp
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