lazycis
01-10 08:26 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.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
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.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
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wellwisher02
03-29 09:37 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
rkp27
07-11 01:03 PM
Your case is just like many others here. Does that worth you own thread?
Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.
My friend,
I dont know what tends to write the answer you replied.. but i am not here to find out why anybody frustrate or what any anybody is doing etc.. Its not my business as well..
I ask question because it just came in my mind.. i dont bothers about others at all..
God bless everyone..
Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.
My friend,
I dont know what tends to write the answer you replied.. but i am not here to find out why anybody frustrate or what any anybody is doing etc.. Its not my business as well..
I ask question because it just came in my mind.. i dont bothers about others at all..
God bless everyone..
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smartboy75
11-06 05:57 PM
Who issued the checks ?? Was it you or your employer ?
more...
wandmaker
10-12 04:25 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
more...
p1234
10-05 11:44 PM
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
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ASR
07-08 03:25 PM
Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
more...
shukla77
03-10 04:16 PM
I did mistake of not submitting I-94s and I went through lot of problems.it took a long time to get the dates corrected on the I-94s.
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sanjay
09-08 03:30 PM
I had an update on my 485 application today and its say's
On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Don't know what does this mean to my case and it is good or bad.
Does any one had been through this ?
On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Don't know what does this mean to my case and it is good or bad.
Does any one had been through this ?
more...
malibuguy007
10-17 05:00 PM
I like LCS Inc ( Lion's Capital Services Inc ) based in Fairfax , VA. Very good terms and easy to work with. The good part is they are pretty flexible. If you need contact details PM me.
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leo2606
11-13 09:41 PM
Why does he need to wait?He is talking about previous employer.
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
more...
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Asian
05-30 02:07 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
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anilsal
10-10 02:00 PM
You got your GC.
more...
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venky08
05-30 06:38 PM
my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
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ssa
08-03 01:40 PM
Done :)
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fcres
06-27 12:05 PM
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.
I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.
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Sakthisagar
11-17 09:16 AM
The President is once again giving Political KULFI to all Legal immigrants.
See below
In an Oval Office meeting today, the President and leaders of the Congressional Hispanic Caucus (CHC) � U.S. Senator Robert Menendez of New Jersey, U.S. Representative Nydia Velazquez of New York, and U.S. Representative Luis Gutierrez of Illinois � discussed the options on immigration reform immediately facing the Congress. He thanked them for their constant efforts on this issue. The President and the CHC leaders believe that, before adjourning, Congress should approve the DREAM Act. This legislation has traditionally enjoyed support from Democratic and Republican lawmakers and would give young people who were brought as minors to the United States by their parents the opportunity to earn their citizenship by pursuing a college degree or through military service.The President reiterated his support for fixing the broken immigration system and urged the CHC leaders to work to restore the bipartisan coalition backing comprehensive immigration reform. The President repeated his hope that, with the election season�s pressures past, Congressional Republicans would work with their Democratic colleagues not only to strengthen security at the nation�s borders, but also to restore responsibility and accountability to what everyone agrees is a broken immigration system. The President reiterated his strong support for bipartisan Congressional action on immigration reform at the earliest opportunity, noting that the American people expect both parties to work together to tackle the challenges confronting our nation.
Readout of the President's Meeting with Representatives of the Congressional Hispanic Caucus Today | The White House (http://www.whitehouse.gov/the-press-office/2010/11/16/readout-presidents-meeting-with-representatives-congressional-hispanic-c)
See below
In an Oval Office meeting today, the President and leaders of the Congressional Hispanic Caucus (CHC) � U.S. Senator Robert Menendez of New Jersey, U.S. Representative Nydia Velazquez of New York, and U.S. Representative Luis Gutierrez of Illinois � discussed the options on immigration reform immediately facing the Congress. He thanked them for their constant efforts on this issue. The President and the CHC leaders believe that, before adjourning, Congress should approve the DREAM Act. This legislation has traditionally enjoyed support from Democratic and Republican lawmakers and would give young people who were brought as minors to the United States by their parents the opportunity to earn their citizenship by pursuing a college degree or through military service.The President reiterated his support for fixing the broken immigration system and urged the CHC leaders to work to restore the bipartisan coalition backing comprehensive immigration reform. The President repeated his hope that, with the election season�s pressures past, Congressional Republicans would work with their Democratic colleagues not only to strengthen security at the nation�s borders, but also to restore responsibility and accountability to what everyone agrees is a broken immigration system. The President reiterated his strong support for bipartisan Congressional action on immigration reform at the earliest opportunity, noting that the American people expect both parties to work together to tackle the challenges confronting our nation.
Readout of the President's Meeting with Representatives of the Congressional Hispanic Caucus Today | The White House (http://www.whitehouse.gov/the-press-office/2010/11/16/readout-presidents-meeting-with-representatives-congressional-hispanic-c)
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sanju
01-30 05:08 PM
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
Here are two quotes from the Greatest thinker of all times :p-
'The quality of the output of any system is as good as the quality of the input'
- by sanju on IV in 2009
'Any system is as good as the humans operating that system'
- by sanju on IV in 2009
I guess it means we all have to continously do our little part.
.
Here are two quotes from the Greatest thinker of all times :p-
'The quality of the output of any system is as good as the quality of the input'
- by sanju on IV in 2009
'Any system is as good as the humans operating that system'
- by sanju on IV in 2009
I guess it means we all have to continously do our little part.
.
meridiani.planum
01-18 01:13 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
hazishak
09-21 10:44 PM
I got both.
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
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