guygeek007
11-04 01:17 PM
Update : My 140 got approved on Oct 31 @ NSC after ability to pay RFE was addressed with CPA eval documentation. Thanks for all your assistance and support!
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
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IndiaNJ
08-26 01:32 PM
My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.
I am not sure how the Page 4 got lost..:confused:
I am not sure how the Page 4 got lost..:confused:
ramus
06-28 04:42 PM
I am sorry.. I don't mean to hurt your feelings.. But this is rumer..
Can you give me link or any other offical source which is saying same thing..
You could have just put this in rumer thred.. Tell me is this helping one...
Everybody is so busy and workiing hard on getting paper work done.. Why do we want to put more burden on them? IF this is true then everybody will know it from different sources. And plus even if this is true what can you do? Can you fight against USCIS?
Hi ramus can you point to the others threads going on this subject?:o I did check other threads to put this info. In fact I don�t want create any new threads. After looking for one that is appropriate, which I did not find, I started this one. The closest one would be the �June 1st filers - receipt � which is a diffrent subject.
This is not a rumor, this a fact and I thought I should share with all so that every one will chill, take it easy and will not stressout in anticipation of 485 approval.
thx.
Can you give me link or any other offical source which is saying same thing..
You could have just put this in rumer thred.. Tell me is this helping one...
Everybody is so busy and workiing hard on getting paper work done.. Why do we want to put more burden on them? IF this is true then everybody will know it from different sources. And plus even if this is true what can you do? Can you fight against USCIS?
Hi ramus can you point to the others threads going on this subject?:o I did check other threads to put this info. In fact I don�t want create any new threads. After looking for one that is appropriate, which I did not find, I started this one. The closest one would be the �June 1st filers - receipt � which is a diffrent subject.
This is not a rumor, this a fact and I thought I should share with all so that every one will chill, take it easy and will not stressout in anticipation of 485 approval.
thx.
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vamsi_poondla
02-18 06:04 PM
You may want to know the pros and cons. If you want your baby to deliver in US, you can try visitor visa route I guess,,,not sure if it allows dependent child to stay with you more than 1 year.
Or best - wait for baby and deliver him after getting citizenship :-)
Or check with Angie Jolie/ Bradd Pitt couple..they must have tried all the above and more alternatives ;-)
Or best - wait for baby and deliver him after getting citizenship :-)
Or check with Angie Jolie/ Bradd Pitt couple..they must have tried all the above and more alternatives ;-)
more...
sparky123
07-18 01:12 PM
Any ideas to help speeden up the PERM processing in Atlanta center?
Hundreds of folks are stuck for more than 150 days and are in a critical situation now.
Please help us with ur suggestions...
Hundreds of folks are stuck for more than 150 days and are in a critical situation now.
Please help us with ur suggestions...
eb3_nepa
04-27 06:12 PM
Not sure if this has been posted before. If not here goes. This is on immigration-law.com.
Does IV know anything about this?
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
<br><br>
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.
Does IV know anything about this?
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
<br><br>
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.
more...
nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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gc_wannabe
06-16 11:05 PM
Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
more...
amsgc
04-12 12:49 PM
As someone mentioned - Do not Lie.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
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aspiration
06-17 11:26 AM
Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
more...
harrydr
01-06 09:56 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
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mpadapa
03-24 01:31 PM
Excellent Job, Mark.
U'r response was crisp. Thanks to caller Andy for clarifying few things
U'r response was crisp. Thanks to caller Andy for clarifying few things
more...
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willigetgc?
01-21 12:08 PM
Has it anything to do with immigration??
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
'Tiger Mothers' leave lifelong scars - CNN.com (http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch)
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
'Tiger Mothers' leave lifelong scars - CNN.com (http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch)
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
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ravish_kaipa
09-27 04:16 PM
Hi
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
more...
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thomachan72
05-10 09:42 AM
I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
Comments from those who have done this before is appreciated.
Comments from those who have done this before is appreciated.
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hope2007
04-18 11:32 PM
I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.
more...
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thandan
03-15 07:19 PM
Typo fix
They have also obtained a I-797 for me as a backup which I have not used
They have also obtained a I-797 for me as a backup which I have not used
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vishwak
08-05 01:53 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
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hopefulgc
05-12 03:33 PM
^^
arunmohan
05-07 02:39 PM
Yes I have same questions as coolduggar asked. I know lots of people are using AC21 right now and I am on same boat too.
dazed378
03-29 10:41 AM
Thanks all.
I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.
I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.
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