wandmaker
01-10 12:46 AM
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
since you are using your husband's nationality (x-chargability), you should have your GC in 6-12 months provided your name check has cleared.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
since you are using your husband's nationality (x-chargability), you should have your GC in 6-12 months provided your name check has cleared.
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gimme_GC2006
03-25 09:23 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
illusions
04-29 01:03 PM
How to know there is already a case against the employer?
perhaps this will help.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
perhaps this will help.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
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dba9ioracle
03-17 02:51 PM
With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
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vinzak
01-04 11:27 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
with original witty quips like that, i would really encourage you to be a standup comic.
with original witty quips like that, i would really encourage you to be a standup comic.
chakalov
07-31 04:05 PM
Hey everyone,
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
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sivasiva
09-05 09:47 AM
just called USCIS and reached level 2 customer support. she still could not find my 485 information. She send a request to NSC to look for my application. and ask me to ask them after 45 days if I still not hear anything from NSC.
Dont worry. You will get it soon. .Same thing happened to me. Applied I-485 on July 2nd, EAD/AP in 2nd week of August. Got receipts for EAD/AP from NEC on Aug 29, checks cleared today for I-485 from TSC.
So Dont worry.. You should get it.
Dont worry. You will get it soon. .Same thing happened to me. Applied I-485 on July 2nd, EAD/AP in 2nd week of August. Got receipts for EAD/AP from NEC on Aug 29, checks cleared today for I-485 from TSC.
So Dont worry.. You should get it.
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sanjeev_2004
10-11 05:39 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
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hydboy77
06-12 07:50 PM
Great Job vine93. In addition to telling your story of sufferings,disappointmenst becsue of the retrogression also get some talking points from IV maybe Pappu can provide you some, not that you need any, everyone of our sufferings are talking points by themselves. Please convey them how people from India are waiting for 10+ years without any chance of GC in sight and have to wait for another decade or so to get there green card. Good luck, I have called my congressman and vented my frustrtaion at how people from India china are suffering because of country quota and because of recapture of visas not happenning.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
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teddy the dog
09-23 01:28 AM
:mad:
DHS was looking for someone with deportation order of Walawala's place, which the person wasn't there, never lived there, never existed there. Walawala and his wife have valid H1 and H4 status. They looked at their document and with face that look cynical said that Walawala and his wife are 'ONLY' worker that come to this country and threathened they could have done something to harm their status. 'ONLY' Worker that come to this country, what do you guys think?
Contribution:
Join the Rally at San Jose
but couldn't make it to DC :(
DHS was looking for someone with deportation order of Walawala's place, which the person wasn't there, never lived there, never existed there. Walawala and his wife have valid H1 and H4 status. They looked at their document and with face that look cynical said that Walawala and his wife are 'ONLY' worker that come to this country and threathened they could have done something to harm their status. 'ONLY' Worker that come to this country, what do you guys think?
Contribution:
Join the Rally at San Jose
but couldn't make it to DC :(
more...
desi3933
02-06 08:12 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
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yettapu
01-26 03:10 PM
when i click that Vote its not doing anything. Where I can register in the site so that it will reflect who voted for surveys??
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karan2004m
12-01 03:46 PM
I have the exact same scenario :(
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
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pappu
03-14 03:12 PM
could someone volunteer on this thread to set up a call and inform everyone?
more...
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nogc_noproblem
03-16 12:37 PM
Well said, if we always worry about the exceptions, then there won�t be any peace in life.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
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dakajo
09-05 09:05 AM
Same here: Filed AP on August 1st and got the receipt on the 25th, but have yet to receive the I-485/EAD receipts, which were filed on July 6. What can we do?
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franklin
07-08 10:10 PM
Is that all he said? I wonder why he did not say they should be screened for their skin color, their Shakespearean English and BTW all the applications of legal residents and naturalized Citizens here who are non Europeans ought to be revisited to ensure they fit the new criteria. Perhaps actually saying that would have been too politically incorrect.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
I have yet to meet 1 citizen who speaks Shakespearean English... it certainly won't be anyone on Fox!
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
I have yet to meet 1 citizen who speaks Shakespearean English... it certainly won't be anyone on Fox!
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indyanguy
09-09 12:42 PM
I Where did you find this information about limiting EB2 to managers only?
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
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krishnam70
05-05 01:47 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
vgayalu
06-19 09:53 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
GCcomesoon
09-26 12:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
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