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  • coopheal
    02-19 05:32 PM
    Please one of you summarize handling of EAD/AP for multiple I-485s on wiki.

    http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s

    Thanks,
    Coopheal





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  • seekerofpeace
    09-04 11:39 AM
    Folks;

    I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.

    Here is the content:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On September 3, 2009, 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.

    Also I as the primary applicant only received the mail...my wife's status is still unchanged...

    Best,

    SoP





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  • frostrated
    08-27 02:18 PM
    It is possible if the job description is different. And, you can use your EB3 date, provided your EB3 140 is approved.





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  • small2006
    08-08 01:39 PM
    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.



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  • krishna_brc
    06-20 11:32 AM
    Can someone who used Advance Parole to travel back to USA extend his H1.
    Candidate has H1 valid while coming back and also worked on H1 after coming back.





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  • krishmunn
    02-07 12:25 PM
    There is no IT Project Manager role in flcdatacenter. There is no harm if your role says Project Manager but the wage data is based on CIS Manager (I have gone through that path). What does the Attorney say ?



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  • jonty_11
    05-22 10:45 AM
    I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.





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  • Better_Days
    03-04 02:44 AM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,



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  • add78
    06-19 11:15 AM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)





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  • ItIsNotFunny
    10-22 10:24 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks


    There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.

    Canada visit should not create issue as per my opinion.



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  • previsun
    10-04 11:05 AM
    Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)

    http://www.eb3chinese.org/resources/E3+Waiting+List.pdf

    Is there an equivalent for EB2 in the same website pls ?

    Regards





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  • mmanurker
    10-07 11:32 AM
    irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).

    I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.

    mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.

    my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).

    so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:

    only service center that is left out is California:D



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  • missourian
    06-25 11:11 AM
    My case my company pays $325 for both(me and spouse)

    $70 * 2 (Finger Print)
    $170* 2
    $180 * 2

    I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though





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  • hydboy77
    07-14 01:59 PM
    I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.

    What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.

    To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.



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  • macrosky
    07-07 06:53 PM
    My new empolyer has filed h1b transfer for me using premium processing. The package was delivered to USCIS last Monday. Because my employer's email address is too long, the last 2 letters of the email address "om" (should be ".com") are missing in the printout. I found this after the package was sent out. We have not heard anything till today (7 calender days after the last Monday). Is this normal?





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  • sravankind
    01-08 05:35 PM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company



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  • logiclife
    04-28 01:36 PM
    Thanks for your contributions.

    All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.

    Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.

    Just wanted to clarify.

    Thanks.





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  • Prashanthi
    07-22 05:43 PM
    Hi,
    Could you please advice for the below case.

    Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?

    Thanks

    Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.





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  • skalra
    12-06 11:11 PM
    - Based on personal experience and not a professional advice
    - I am assuming your PD is not current yet

    I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.

    If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)





    wandmaker
    09-17 11:13 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.





    GreeNever
    02-08 02:23 PM
    How about leveraging the Ministry for Overseas Indian Affairs too? Though the content does not necessarily reflect conditions in US, it still seems to be bang on here (in light of Pres.Bush's impending visit to India) :



    ........
    New Delhi: Problems being faced by Indians working abroad will receive special attention, Minister for Overseas Indian Affairs Vayalar Ravi said listing his priorities as he took charge of the ministry in New Delhi on Monday.

    Ravi, whose assumption of charge as Cabinet minister is expected to lend high profile to the year-old ministry, said he would also make efforts to bring "further improvement" in the functioning of Indian missions abroad in relation to workers.



    "Indians working abroad do face problems. There are persisting problems. My first priority will be to look after their interests and protect them," he told reporters.

    Observing that about 25 million Indians were currently working abroad, he said the problems are particularly faced by Indian workers in Gulf countries.

    The minister said addressing the issue would include sensitising the missions with regard to problems of Indian workers.

    "Although the complaints [about attitude of the missions with regard to immigrant workers] have come down, there is a need for further improvement in their functioning," he said.

    Emphasising that his ministry would be working with the external affairs ministry, he said he would make efforts to ensure change in labour laws in the countries where Indians are working.