abhicyber
10-31 09:43 PM
I applied I-485/EAD/AP on RD: 07/19/07 ND: 08/16/07.
No EAD/AP yet?
LUD on AP: 10/22.
No EAD/AP yet?
LUD on AP: 10/22.
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delax
08-05 11:36 AM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
calaway42
10-04 01:42 AM
no i did all steps :D yay for me!
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gc_in_30_yrs
09-27 10:08 AM
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
more...
vnsriv
03-27 11:02 AM
Hi All,
My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
So is this correct that I can file my wife's case only when priority dates become current?
Now the real question is how do I keep track of this.
Option 1
On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html
All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES
Employment-Based
1st C 01JAN04 01JAN05 C C
2nd C 01JAN03 01JUL02 C C
3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01
So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?
Option 2
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
I-485 Application to register **** Employement Based adjustments application March 01,2005
Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case
Please suggest which is the correct way to keep the track
Thanks a lot
My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
So is this correct that I can file my wife's case only when priority dates become current?
Now the real question is how do I keep track of this.
Option 1
On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html
All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES
Employment-Based
1st C 01JAN04 01JAN05 C C
2nd C 01JAN03 01JUL02 C C
3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01
So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?
Option 2
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
I-485 Application to register **** Employement Based adjustments application March 01,2005
Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case
Please suggest which is the correct way to keep the track
Thanks a lot
glus
01-03 10:15 AM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
more...
nit_sea
01-04 01:14 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
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waitnwatch
05-30 06:57 PM
the reason she was denied is because she is young
It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.
It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.
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allybarbar
06-22 05:18 PM
I worked in Boston. I was laid off Friday. I have been advised by 2 immigration lawyers that it is ok to file for Unemployment benefits. I filed today. I will let you know the outcome. The lady at Unemployment office seems to think there is no reason i won't get it, but shes really just a data entry person really. Fingers crossed i hear nothing.
Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
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tonyHK12
10-11 11:11 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
more...
sk2006
08-19 01:37 PM
Thanks dealsnet and intheyan,
BTW I called USCIS and the guy told me that My case is approved and I should not worry. ADIT is related to fingure prints/photos and since I did it in september last year I shold be OK.
I asked don't you send 'card production ordered' email?
He said he did not know that but my case is approved.
BTW I called USCIS and the guy told me that My case is approved and I should not worry. ADIT is related to fingure prints/photos and since I did it in september last year I shold be OK.
I asked don't you send 'card production ordered' email?
He said he did not know that but my case is approved.
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sodh
07-24 12:57 AM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.
more...
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shalinip
03-17 12:41 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
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ftbakhru
06-18 03:30 PM
Yes you can pick the passport at end of day manually
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Krilnon
01-01 11:49 PM
Are you considering actually stopping people from creating something in AS1? As you probably know anyway, AS2 is compiled to AS1 anyway, so a decision to limit entrants to only AS2 and AS3 would be totally arbitrary. :P
Besides, most people who claim to be using AS2 just use AS1 with type annotations…
Anyway, thanks for clarifying the background options. :)
Besides, most people who claim to be using AS2 just use AS1 with type annotations…
Anyway, thanks for clarifying the background options. :)
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nethawk119
10-10 02:11 AM
TSC sent back my appplication asking for revised fees last month. I am still waiting for the receipt. My lawyer sent back the application requesting them to accept the application since it was filed on July 2nd and is under the old fees.
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raysaikat
03-17 03:53 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
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TheCanadian
01-01 10:27 PM
What about AS1?
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nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
anilsal
01-18 04:49 PM
People need to wake up to reality.
johnggberg
07-12 03:09 PM
I checked with my lawyer, she did not received it yet.
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
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