Monday, June 27, 2011

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  • vinzak
    03-07 02:44 PM
    Hello all,

    I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.

    Any experiences would be greatly appreciated. Thanks.




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  • kaisersose
    05-29 07:39 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    No one really knows. That means there is a 50% chance she may be right.

    However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.

    Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

    Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.




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  • p_kumar
    02-27 12:16 PM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:




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  • calboy78
    11-10 03:02 PM
    I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.

    PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.



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  • eilsoe
    10-03 12:43 PM
    did ya...?

    Hmm, must check it then....




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  • webm
    10-05 02:07 PM
    Folks,
    Who receives the AP approval? lawyer or the beneficiary?

    Generally Lawyer receives it.Check with your lawyer constantly.



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  • freddyCR
    January 5th, 2005, 04:03 PM
    Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

    OH.....can you get me a diet-Pepsi????
    Aw..:o Thanks, buddy. I've been in other forums, and I quite like this one, 'cause people are not afraid of saying what they think... that's the only way to improve




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  • gc_maine2
    05-18 11:35 AM
    Initially I could'nt open it (page not found) but It worked now.. Thanks Admin .
    Kudos to all the people who attended and caught the media attention.

    I checked it on IE and Firefox and it is working. Is everyone having this issue?



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  • jsb
    01-26 09:41 AM
    If I check my case online I see following

    On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

    On Receipt Notice I-797C -Notice of Action I see following

    Received Date : June 25, 2007
    Notice Date : July 25, 2007

    I dont know why online case status says that "On July 24, 2007, we received ...."

    Do anyone of you see such date mismatch.

    Thanks,

    Yes, this is very common. See my post of 01/23/2009 above. In my case, and many others, this difference is of several months (RD is July 2,'07, but online RD is Oct 11,'07, which made me down in the list for processing sequence by 1000's of cases)




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  • pbuckeye
    06-25 04:07 PM
    Agree with Teddy that your petition's case detail substantially changed during the application process. I believe, that was the main reason for the denial.

    Consult an attorney and try to file a fresh case. Good luck.



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  • bharad
    05-07 12:10 PM
    Me and my wife's 485 applications received a soft LUD on 04/30/2009 and 05/01/2009 for two consecutive days.




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  • stemcell
    03-07 11:53 PM
    Londontown

    sorry to hear about your denial.

    Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

    I am not sure if this process is followed for everyone as each case has its variables.....
    hope this helps...



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  • das0
    06-16 02:44 PM
    Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks.




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  • ssnd03
    08-16 08:15 AM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

    I think sometimes Indian immigration officers and even airline staff get confused with AP. Even in Germany the guy checking the passports was looking at AP funny.

    But on average I think they know what it is. I have traveled to India through Germany and I made it back with some anxious moments when they all looked confused at AP.

    You may need a transit visa through Europe if you don't have a US visa except AP. I didn't have it though and I was ok. But I had an emergency trip so no time to get these visas.



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  • dbevis
    May 17th, 2005, 06:33 AM
    There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)




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  • andycool
    01-06 04:54 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria


    Pria

    send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.

    thanks



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  • styrum
    03-14 03:17 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...

    http://www.germany.info/relaunch/info/consular_services/visa/transit.html




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  • priderock
    11-29 03:36 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.


    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.


    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.


    Any help is greatly appreciated, I need to decide fast. Thanks a lot.




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  • mihird
    05-21 10:49 PM
    I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..

    But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...

    I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...

    Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.

    The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..

    If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)




    sriswam
    06-28 06:02 PM
    Hello Folks,

    As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?

    If anybody know, kindly show the way.

    Thanks,
    Sriswam




    mk26
    05-27 08:28 AM
    Looks like this is another bigger issue after our green card issue. Can we do something about this?



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