Saralayar
03-18 02:01 PM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
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PD_Dec2002
08-27 04:53 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
coopheal
04-23 12:16 AM
I see no reason why you cant move to permanent offer.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
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burnt
06-24 10:50 AM
Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)
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amitjoey
05-02 07:00 PM
gcnirvana, you are awesome. These words mean a lot.
Dhundhun
10-14 03:16 PM
I have a few questions on using AP-
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Answers:
#1. A AP does not become invalid, because of overlapping dates or because you applied for new one. You are free to start journey and come back between the validity of an AP (for a reasonable duration for a reasonable reason).
#2. If you are on EB based AOS, stamp "Parolee up to ..." on AP is not significant. It does not affect status, if you stay beyond that stamped date.
#3. Never came across any one having problem in Mumbai. But in some European Countries, issues are there.
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Answers:
#1. A AP does not become invalid, because of overlapping dates or because you applied for new one. You are free to start journey and come back between the validity of an AP (for a reasonable duration for a reasonable reason).
#2. If you are on EB based AOS, stamp "Parolee up to ..." on AP is not significant. It does not affect status, if you stay beyond that stamped date.
#3. Never came across any one having problem in Mumbai. But in some European Countries, issues are there.
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jonty_11
02-05 02:27 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
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alien2006
10-03 08:10 AM
Thanks for your replies guys.
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needhelpASAP
04-25 06:04 PM
Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
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smartboy75
08-14 11:56 AM
Hi All
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
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sunnymit
02-17 04:19 PM
Where does one get this document that you have posted here?
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immig4me
09-07 08:40 AM
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
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fortune50
07-27 02:53 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
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eb3retro
01-07 05:46 PM
thanks a lot folks. that was great info. thanks to everyone who responded. still did not make up my mind if i have to go ahead with claiming UB.
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smiledentist
06-21 02:01 PM
bump...
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dorairajsuresh
04-16 03:09 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
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Googler
07-18 10:13 PM
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
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thomachan72
09-14 06:30 AM
You cannot work with an expired EAD. End of the story.
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
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qualified_trash
12-12 03:43 PM
You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
very true!!
very true!!
whoever
07-20 02:09 PM
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
485Mbe4001
05-24 01:25 PM
Thanks for the contribution, you can call or PM any of the core members and you will be assured that every cent is being used for the common good.
Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?
Thanks,
theOne
Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?
Thanks,
theOne
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