Monday, July 25, 2011

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  • makemygc
    07-18 11:37 PM
    Check with this:

    If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

    If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.

    As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
    You may want to PM pappu or logiclife for that.





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  • GCBoy786
    09-16 12:09 AM
    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.





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  • ultimo
    07-16 10:48 PM
    is there any way to get AP for emergency





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  • Lisap
    08-03 12:11 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....



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  • chanduv23
    10-09 05:33 PM
    ^^^^^^^^^^^





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  • sonia_sd
    09-24 03:45 PM
    This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?

    yes, this was a speculation discussed in immigration-law.com check posts you will find it in July/Aug news there.



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  • jsb
    08-03 10:09 PM
    I applied in July, RD Jul 2nd. TSC

    Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.

    How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?





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  • abracadabra
    06-15 01:43 PM
    It is law that he has to give the experience letter from previous employer



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  • tikka
    08-07 10:24 AM
    Could not attend the coffee appt. Hopefully will be able to attend the lunch.

    you can make it..





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  • kevinkris
    11-10 02:50 PM
    Guys,

    I think they are doing it across in NY.
    This is really stupid. Most of the people will not have valid stamping on an expiring passport.

    San Francisco was fine. They gave me for 10 years in January.

    Don't know what their policy now.




    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.



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  • rbms
    03-06 02:35 PM
    Yep, email id please





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  • satishku_2000
    07-28 06:30 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U


    EB3 India may show Jan 23 500 B.C , but cant be U because the quota starts fresh in October. They goto 'U' only when respective category numbers for the country are exhausted for the year. Usually numbers will become unavailable only in last quarter of the year.



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  • vegasbaby
    02-19 07:06 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,

    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.





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  • akhilmahajan
    02-10 04:45 PM
    First of all Congrats!!!!!!!1

    I am just curious, if you were on H-1B or have used EAD. If you had used EAD, did you work during these 3 months.

    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )



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  • pal351
    11-21 05:41 PM
    Please share your experiences.


    Thanks.





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  • felix31
    08-08 10:41 PM
    Yep.. Cheer up however we can.

    note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.


    LOL

    good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?

    Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:



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  • frostrated
    09-09 03:33 PM
    Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

    I-140 is approved.

    I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

    Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
    Or is it better to wait for Advance pArole decision?
    If Visa, under what category?

    Thanks

    As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
    If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
    If it is still denied, then you will have to wait for your green card to be approved.





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  • Prashanthi
    12-03 05:13 PM
    I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.





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  • gveerab
    01-18 03:47 AM
    See you there on sunday.


    This is an wonderful opportunity to help your self.

    Please participate and show your support.





    bobzibub
    09-25 10:57 AM
    I dunno about you, but really I don't think we should pay any fees until we get some sort of product to show for it. I don't pay for a hair cut that might happen in ten years. Why should I pay for a green card that might happen in ten years?





    ski_dude12
    12-26 12:21 AM
    What is the name of your employer? Atleast that will help other members in making the right choice.

    Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.

    Sure, would contribute to IV, you are doing great service.



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