ArkBird
12-12 04:22 PM
Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
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joshraj
10-03 11:54 AM
Filed: July 27
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
coolngood4u80
04-15 10:50 AM
Hi All,
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
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chi_shark
07-16 10:55 AM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
willIWill, can you please post the exact wording on your RFE regarding that point?
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
more...
desi_voice
05-02 07:39 PM
Guys,
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
rameshvaid
03-12 09:45 PM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
congrats.. enjoy the freedom and keep praying for others in line..
RV
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
congrats.. enjoy the freedom and keep praying for others in line..
RV
more...
gcpool
03-26 01:14 PM
How did you come to this conclusion?
I will go first: 50%
:p
I will go first: 50%
:p
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11-14 02:36 PM
s
more...
bujji_d
10-12 04:33 AM
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
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desi3933
12-13 06:36 PM
Thank you!
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
more...
alterego
08-30 07:05 PM
They will reply to all the SRs and Infopass that the applications are not more than a month outside of normal processing times, so they would not reply. The Processing times were moved to that July 2nd date for a specific reason.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
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msyedy
12-13 01:29 PM
I like your thoughts
I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.
b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.
my two cents
I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.
b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.
my two cents
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ski_dude12
12-26 12:21 AM
What is the name of your employer? Atleast that will help other members in making the right choice.
Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.
Sure, would contribute to IV, you are doing great service.
Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.
Sure, would contribute to IV, you are doing great service.
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immi2006
05-03 08:18 PM
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
more...
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asanghi
01-24 11:43 AM
I just can't believe how many times this topic has come up, and yet keeps coming up.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
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ash0210
11-21 10:29 AM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
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mihird
07-20 05:43 PM
But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.
Biju, whom did you ask, an immigration attorney or just on forums?
A concurrent H1 and L1 should be doable too...much like two concurrent H1s...
As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...
My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...
In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...
Biju, whom did you ask, an immigration attorney or just on forums?
A concurrent H1 and L1 should be doable too...much like two concurrent H1s...
As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...
My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...
In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...
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leoindiano
06-29 09:28 AM
Lawyer said they filed on 21st and waiting on the decision. Hope my application is not effected.
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BharatPremi
08-10 05:22 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
kannan
01-10 05:27 PM
Mine is still in CA only.no transfer and no FP
gc_dream07
03-30 10:39 PM
Enjoy the freedom.
Good Luck with next endeavor (citizenship I guess!!:))
Good Luck with next endeavor (citizenship I guess!!:))
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