smartboy75
08-14 12:53 PM
smartboy75,
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
Hey raju
I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....
To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....
Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......
not knowing where u r heading is worst than being lost ....:) The choice is ours....
All the best buddy ....will keep u posted....
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
Hey raju
I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....
To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....
Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......
not knowing where u r heading is worst than being lost ....:) The choice is ours....
All the best buddy ....will keep u posted....
dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
glus
07-22 04:50 PM
If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
indigokiwi
05-20 11:34 PM
Haha...so does this mean that no one really knows what OP stands for? :D
more...
meridiani.planum
03-12 02:43 PM
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
you dont need to refile PERM and I-140. Since your I-140 was approved and 485 is pending for 9 months you can simply invoke AC-21 and move to another employer.
See questions 2 & 3 here:
http://www.murthy.com/news/UDac21qa.html#3
Did you ask the attorney why they think you need a new filing when you qualify for AC-21 on your existing filing? this might simply be a misunderstanding...
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
you dont need to refile PERM and I-140. Since your I-140 was approved and 485 is pending for 9 months you can simply invoke AC-21 and move to another employer.
See questions 2 & 3 here:
http://www.murthy.com/news/UDac21qa.html#3
Did you ask the attorney why they think you need a new filing when you qualify for AC-21 on your existing filing? this might simply be a misunderstanding...
waiting for GC2010
11-16 02:35 PM
I heard this from one of my friends
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
more...
lsuk
03-16 09:38 AM
Hi, you may want to check out attorney Ksenija Kokanovic at www.visaimmigrate.com. I can definitely recommend her as she helped me with my case.
kumar1
11-24 02:11 PM
There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.
more...
emmNemm
12-10 06:02 PM
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
manderson
05-21 02:10 PM
...only problem is they care only about H1:
US-India visa row overshadows Doha talks
By Alan Beattie in London and Jo Johnson in New Delhi
Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23
Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.
But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
�Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.
US-India visa row overshadows Doha talks
By Alan Beattie in London and Jo Johnson in New Delhi
Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23
Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.
But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
�Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.
more...
martinvisalaw
07-28 11:02 AM
I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come? Will that application make my current AP invalid?
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
You cannot enter the US on Advance Parole (AP) unless you had that specific AP when you left. So you cannot apply for AP now, leave the US, have someone send the approved AP to you in India, and use that AP to return to the US next year..
There is always a slight chance that the AP will be denied. However that should not affect your chances of getting a new AP in the future.
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
You cannot enter the US on Advance Parole (AP) unless you had that specific AP when you left. So you cannot apply for AP now, leave the US, have someone send the approved AP to you in India, and use that AP to return to the US next year..
There is always a slight chance that the AP will be denied. However that should not affect your chances of getting a new AP in the future.
PD_Dec2002
06-12 07:56 PM
evl is employment veriication letter
My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(
So if I understand you correctly, you filed your I-485 while you were working for the new employer, but got your old employer to give you the evl so it would appear as if you are still with the old employer?
Thanks,
Jayant
My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(
So if I understand you correctly, you filed your I-485 while you were working for the new employer, but got your old employer to give you the evl so it would appear as if you are still with the old employer?
Thanks,
Jayant
more...
dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
sunshine2007
08-27 04:49 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
this is very important.
more...
palemguy
11-05 06:11 PM
Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.
sprobir
09-23 12:19 AM
I would be willing to join your chapter too - good we are doing something in Oklahoma. I will email you at raydhan@hotmail.com
more...
syedajmal
09-22 12:50 PM
Hi Sydeajmal,
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
praveenmoluguri
09-20 04:24 PM
My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
does anybody see a pattern.
does anybody see a pattern.
kondur_007
12-07 03:39 PM
Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
ski_dude12
04-17 01:29 AM
My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.
gman
06-19 04:00 PM
As previously stated you have to maintain H1 status for the the spouse to be on H4. If you change status to AP/EAD then your spouse will be out of status. I am in the same position as you are. My PD recently became current and my wife filed last month I-485, AP, EAD. You can change jobs but new company has to sponsor/transfer your H1.