friend99
10-09 04:17 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
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Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
Ram_C
11-19 07:59 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
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mlkedave
03-10 10:18 AM
alright guys it look like this battle is dead... should we close the thing and put it in completed battles or u guys want to keep it up a while longer?
more...
san3297
09-04 04:39 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.
GCSOON-Ihope
06-14 04:57 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
more...
n_2006
07-16 10:25 AM
As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
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nviren
10-26 04:05 PM
I did not see lot of approvals coming out from Nebraska this week.
Wondering why they are so silent?
Have they changed their focus?
Any ideas?
Wondering why they are so silent?
Have they changed their focus?
Any ideas?
more...
gc4me
04-23 02:43 PM
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
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chandrajp
08-15 03:56 PM
Did you use AC21? how long ago you applied for 485?
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
more...
waitnwatch
12-12 03:18 PM
I have personal experience with this correction. I entered through LA and they marked my wife's I-94 card with the date of expiry of passport. Apparently they should be marking it till the end of the I-797 expiry. Anyway I went to Denver Airport and got a fresh I-94. Those guys were helpful. Only thing is they tried to tell me that the I-94 date didn't matter as I had I-797 till a future date. I kind of persisted politely and they changed it so that I had "peace of mind". Anyway it is always better to get inconsistencies corrected earlier than later. You never know!
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ARUNRAMANATHAN
05-22 08:41 PM
If we have a new Merit based system introduced
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
more...
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akhilmahajan
04-23 09:43 AM
I dont think there is any such practise...........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
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kate123
06-17 01:42 PM
As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.
good luck
good luck
more...
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GEEVER
January 30th, 2008, 01:40 PM
Hello,
What type of camera are you looking for?
Point-and-shoot or a dSLR (Digital Single Lens Reflex).
The Sony Cybershoot is just your average P&S camera, small, light and compact.
A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.
Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg
Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg
What is your price budget too?
here is the link for the cyber-shot y was looking for http://www.sonystyle.com/webapp/wcs/stores/servlet/ProductDisplay?catalogId=10551&storeId=10151&langId=-1&productId=20005011
i know sony also have dslr cameras, but this cyber-shot is pretty much like a dslr and it's affordable. $600 budget
What type of camera are you looking for?
Point-and-shoot or a dSLR (Digital Single Lens Reflex).
The Sony Cybershoot is just your average P&S camera, small, light and compact.
A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.
Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg
Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg
What is your price budget too?
here is the link for the cyber-shot y was looking for http://www.sonystyle.com/webapp/wcs/stores/servlet/ProductDisplay?catalogId=10551&storeId=10151&langId=-1&productId=20005011
i know sony also have dslr cameras, but this cyber-shot is pretty much like a dslr and it's affordable. $600 budget
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vina92
04-30 11:02 AM
PD Jan2005
I 140 applied Nov 2006
Approved Mar 6th 2007
I 140 applied Nov 2006
Approved Mar 6th 2007
more...
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gcformeornot
12-31 02:12 PM
being in same boat sometimes rocks sometime scares.......
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a_yaja
10-08 04:20 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.
Right now who is my employer Company A or B or none of the above?.
Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.
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kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
gc_kaavaali
07-16 05:03 PM
i don't see july processing times...it still shows june times.
new_phd
04-14 05:41 PM
Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
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