bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
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hianupam
11-17 06:35 AM
Yep - got mine 2 months back. Docs to carry
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?
rajuram
04-04 07:55 PM
here is the correct link:
http://www.goinglobal.com/countries/India/india_visa.asp
http://www.goinglobal.com/countries/India/india_visa.asp
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onemoredesi
07-27 11:46 AM
Congrats ajkastar..Pls let us know when you filed for your 485? How long did it take you after the finger printing..
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
more...
saxx
01-11 08:23 AM
Thats ****ing amazing dude.
Libra
09-15 08:26 PM
so it means you are waiting for your amnesty right?:p
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
more...
msyedy
12-13 12:45 PM
GCAMIGO was scaring him.. that is why he replied that If you do not know then dont answer
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dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
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485Question
11-14 03:03 PM
Dear,
Please update your signature, so that we will know your dates.
Thanks
Please update your signature, so that we will know your dates.
Thanks
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lj_rr
07-09 05:25 PM
Well. If you are planning to use EAD, it is probably not an issue.
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
more...
ssss
08-03 08:25 PM
Forgetting passwds is normal, especially for IT guys :D
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JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
more...
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msyedy
12-13 12:03 PM
What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
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Almond
07-18 09:52 AM
My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
Sick and tired of waiting ...
I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
Sick and tired of waiting ...
I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
more...
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txh1b
08-17 09:47 AM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
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Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
more...
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chansek
07-22 02:08 AM
rajeshiv, Thank you for your response. I mean, i used my personnel check (My Checking A/C with Chase) to pay the I-485, EAD and Advance Parole fees.
Please let me know if this cause any problems.
Thank you for all your help.
Please let me know if this cause any problems.
Thank you for all your help.
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satishku_2000
05-04 02:22 PM
I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.
Hey pete
when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.
I am concerned about RFE response time change USCIS is planning now ...
Hey pete
when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.
I am concerned about RFE response time change USCIS is planning now ...
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tinamatthew
07-17 04:58 PM
Aug bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
IS THIS GOOD NEWS?? UNAVAILABLE FOR EVERY EMPLOYMENT BASED CATEGORY???
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
IS THIS GOOD NEWS?? UNAVAILABLE FOR EVERY EMPLOYMENT BASED CATEGORY???
ddeka
12-31 09:20 AM
Hi,
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
greyhair
05-19 07:46 AM
Another way to look at this - Someone in Eb-3 China is filing lawsuit to take away green card numbers from India.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
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