wenkatesh
04-20 09:45 PM
Hi,
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
piyu7444
03-18 03:41 AM
My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
Here is brief history.
My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
I am really concerned about the interview. Please let me know what you know about this.
I have described what to prepare and details can be found at
http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444
Thanks.
I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
Here is brief history.
My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
I am really concerned about the interview. Please let me know what you know about this.
I have described what to prepare and details can be found at
http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444
Thanks.
I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)
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viva
01-28 08:42 PM
Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
more...
vicks_don
10-17 02:25 PM
Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.
HV000
04-07 10:39 AM
Just got it. Right now.Thanks guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
GOOD. Go get a massage!! :)
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
GOOD. Go get a massage!! :)
more...
gc_maine2
05-15 11:44 AM
Good JOb Learning01 for your efforts, and Thanks Ras4u for posting it..
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
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crazymish
03-06 08:39 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
Thx guys, this should do it for me here. All the inputs are much appreciated.
Regards,
M
Thx guys, this should do it for me here. All the inputs are much appreciated.
Regards,
M
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yagw
06-04 12:21 PM
The URL link do not work.
try this:
http://www.californiachronicle.com/articles/yb/131020287
try this:
http://www.californiachronicle.com/articles/yb/131020287
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JunRN
09-25 12:48 PM
Consult another lawyer, a reputable one.
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andy garcia
08-10 06:01 PM
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
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pom
04-28 05:34 PM
All right, I've changed it once more, but maybe you should remove those moutain pics because it takes forever to load as it is :)
Very nice work though.
Very nice work though.
more...
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makemygc
06-14 11:42 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
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neeidd
09-19 03:28 PM
Just wondering how did you get info from USCIS about your FP notice?
Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?
Could you please advice!
Thanks
Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?
Could you please advice!
Thanks
more...
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transpass
09-20 12:04 AM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
Dude/Dudet,
Just chill....This is getting hilarious :):):)Are you interested in counting your red dots or participating in the IV community? Why do you put so much emphasis on a trivial and meaningless thing such as keeping tabs on red/green dots. Does having more red dots or green dots change anything in your life or others' lives...Take it easy buddy...:D:D:D
Admin - Please take away all my green dots and give them to my buddy greencard_fever....
Dude/Dudet,
Just chill....This is getting hilarious :):):)Are you interested in counting your red dots or participating in the IV community? Why do you put so much emphasis on a trivial and meaningless thing such as keeping tabs on red/green dots. Does having more red dots or green dots change anything in your life or others' lives...Take it easy buddy...:D:D:D
Admin - Please take away all my green dots and give them to my buddy greencard_fever....
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walker15
02-01 09:34 AM
I used Rajiv Khanna and Amarnath Gowda(www.gowda.com). They both were good and will provide satisfactory service.
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bestia
07-16 10:58 PM
Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.
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stones
06-30 10:14 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
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morchu
05-06 09:51 AM
Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.
Future "permanent" job offer letter from an established employer is safer.
Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".
Future "permanent" job offer letter from an established employer is safer.
Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".
xyzqwer
01-22 11:05 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
indianindian2006
08-28 02:06 PM
Link not working.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.