chanduv23
07-27 09:50 PM
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
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chmur
09-21 01:46 AM
What is it anyway?
That's what one feels like
That's what one feels like
BigMouth
12-11 07:43 AM
guys, do u see any issues/problems on Landing Canada while pending 485 and coming back on AP.
I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???
I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???
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sledge_hammer
02-07 01:14 PM
hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671
Thanks whoever,
I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.
Admin can delete this thread ...
Thanks whoever,
I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.
Admin can delete this thread ...
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seahawks
07-19 12:58 AM
I mean i filed without both of those. Theyare required in the 140 phase , not in 485.
But keep them handy - in case they wants mail by next day air
if you are filing for your spouse and if you are sponsoring your spouse, you have to show evidence of income.. There is a form that you fill with it,.
But keep them handy - in case they wants mail by next day air
if you are filing for your spouse and if you are sponsoring your spouse, you have to show evidence of income.. There is a form that you fill with it,.
bigsky
10-17 06:43 PM
I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
more...
kabeer_g
01-12 01:54 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
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dixie
09-19 12:38 PM
I dont see this as a particularly positive article... that is the reason it does not figure in the news section. This has been discussed before BTW .. way back in may just after it was published.
Thanks for posting, manderson.
The line "the group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration" says it all.
IV should consider adopting this as a byline...
Also, pl.include this in the "IV in the News" section. I did not see it there..
Thanks for posting, manderson.
The line "the group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration" says it all.
IV should consider adopting this as a byline...
Also, pl.include this in the "IV in the News" section. I did not see it there..
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chanduv23
06-12 11:31 AM
Because Mahatma Gandhi was born on october.:):)
His 6years end in oct 2010.
ds
I was born in Oct too :) :)
His 6years end in oct 2010.
ds
I was born in Oct too :) :)
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freakin_gc
01-31 05:00 PM
Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)
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morpheus
04-02 09:44 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
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srikanthmavurapu
08-16 02:51 PM
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
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jsb
10-26 11:10 AM
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
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fide_champ
08-04 06:50 PM
Hi,
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
more...
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BECsufferer
09-03 09:09 AM
Congrats to 12/2004 PD holders.
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
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suren26
07-24 12:54 PM
My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
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HumHongeKamiyab
11-15 12:46 PM
You dont have to go for stamping. While crossing the border tell the US officer that you are going to use "Automatic Visa revalidation", and hence dont want to submit your I 94. When you come back to USA just have your I 797 (Notice of approval) ready. I have been to canada in feb this year and came back with the expired visa on my passport.
You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
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NKR
06-11 08:13 AM
I had to reclaim all the days that I was outside the country for my 7th year H1 Extension. I submitted photocopies of all the stampings on my passport. Please note that the passport will be stamped upon arrival here and upon departure/arrival in India. That should be sufficient evidence for proof your valid stay here.
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snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
morchu
05-14 12:09 PM
Thanks for pointing this out (Hernandez letter).
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
BECsufferer
09-03 09:09 AM
Congrats to 12/2004 PD holders.
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
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