thakkarbhav
11-17 01:10 PM
Yes but sometimes if your H1B approval take more time then you can take H1B receipt to get few months extension.
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vxg
08-15 01:24 PM
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
Shenner
06-04 06:19 PM
We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.
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jonty_11
07-31 03:50 PM
Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
Is there a way? Please help me please. Thank you
This is a subjective ques....depends on ur relations with ur employer...
Try cajoling them..if its pop-shop consulting firm , he wont budge...
Try asking other employees...if their's was filed and if they got an yhconfirmation?
Is there a way? Please help me please. Thank you
This is a subjective ques....depends on ur relations with ur employer...
Try cajoling them..if its pop-shop consulting firm , he wont budge...
Try asking other employees...if their's was filed and if they got an yhconfirmation?
more...
xiaomatu
06-05 06:37 PM
I think my question is: is it possible for USCIS to review the case and change the decision they made after approval? Thanks.
vdokka
09-11 11:00 PM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
more...
mhtanim
10-28 03:29 PM
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
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beautifulMind
07-16 10:15 PM
But isn't AC21 for a different position irrespective of whether you use it in the same company or different company. Technically you are suppose to be in same occupation till you get your green card Which is problem for me because i am trying to use the benefits obtained (EAD and AP) from my EB3 position and being promoted to a EB2 position while using the EAD and AP of my EB3 application
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thomachan72
06-13 08:16 AM
Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
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desi3933
06-12 04:51 PM
.......
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
more...
amoschid
07-18 03:36 PM
i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
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walker15
04-06 06:38 PM
Hi tabletpc,
Sorry to hear that your father is admitted in hospital. Hope everything will be fine.
As a returning H1B employee you are eligible for emergency appt. Eventhough you don't see vacant spots, you should keep logging frequently to grab cancellations(vacant) appts.
FYI: I just browsed and saw many appts available for the month of April for WORKING IN THE USA OPTION.
Good luck
Sorry to hear that your father is admitted in hospital. Hope everything will be fine.
As a returning H1B employee you are eligible for emergency appt. Eventhough you don't see vacant spots, you should keep logging frequently to grab cancellations(vacant) appts.
FYI: I just browsed and saw many appts available for the month of April for WORKING IN THE USA OPTION.
Good luck
more...
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mattresscoil
11-05 02:42 PM
They might not necessarily ask you, but its always safe to have the below documents.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
dipmay2002, never_giveup:
Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.
Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
dipmay2002, never_giveup:
Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.
Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)
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genscn
07-30 01:34 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Thanks for clarifying/
I believe my 140 was sent to Texas.
No , I dont work for CTS.
Thanks for clarifying/
I believe my 140 was sent to Texas.
No , I dont work for CTS.
more...
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ras
08-29 12:36 PM
I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
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Almond
11-11 05:29 PM
Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
kartik, I am amazed by your priority date. Have you done infopass to see what the hold up is? Open the dictionary and you'll see us in the definition of "badluck" lol
it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
kartik, I am amazed by your priority date. Have you done infopass to see what the hold up is? Open the dictionary and you'll see us in the definition of "badluck" lol
more...
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diptam
08-18 12:27 PM
In Jun-July 2008 they will pass the unused Visa for Fiscal 2008 to India/China/Mexico/Philippines.So according to NY Times if 300K filed - then we July 2nd -Aug 17th 2007 filers will get GC within 2-3 yrs ? ( 300K/140K yearly)
I might be missing something - the real picture is not so good.
out of 300K applications ,may be 150K apps are from indians , then it'll take 150K/10K = 15 years for the one who applied in July/Aug 07.
I might be missing something - the real picture is not so good.
out of 300K applications ,may be 150K apps are from indians , then it'll take 150K/10K = 15 years for the one who applied in July/Aug 07.
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tinamatthew
07-16 02:10 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Hmmmm .. what number did you call? I have a few questions I would like to ask them
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Hmmmm .. what number did you call? I have a few questions I would like to ask them
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saravanaraj.sathya
08-20 12:49 PM
If you are not satisfied with ur current job/salary then you can think of moving..I would say get H1 transferred to big concerns as direct employee...then you dont needs to be worried abt being paid. Job market is good for .NEt rite now so you should get a good offer..but try to stick wtih ur current employer for atlz 180 days before you move and also make sure that ur I-140 is approved.
hibworker
08-23 11:28 PM
When the primary files I-485 AOS application, the spouse and minor children are also allowed to file AOS if they are physically present in US in a legal status. It is irrelevant if they are on H4, F1, B1 etc.
qasleuth
05-06 12:51 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?