damialok
04-10 01:05 PM
I work and live in CA. My employer is also in CA and we are July 2nd filers. Our 485 got transferred to TSC and then we received this letter stating that TSC has completed the initial processing and transferred it to the local office in Lincoln,NE. It also mentioned that they might schedule an interview if needed. This was about 4 months back and nothing again after that.
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SFSweta
08-27 01:40 PM
You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
eb2_mumbai
10-28 09:37 AM
Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.
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CADude
04-07 11:08 PM
If applicant applied AOS application then can get one year entension. I will come to know by may end. :)
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
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DSLStart
10-01 11:34 AM
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
Coppertop
10-05 09:10 PM
That's ok, I read the rules.
Thanks K!
Thanks K!
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modvik
05-25 12:12 AM
Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.
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rockstart
04-15 09:03 AM
I think Air India is the best for elderly people.
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RandyK
11-28 09:22 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
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Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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kshitijnt
10-08 05:13 PM
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.
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gcpool
10-06 01:27 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
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akkakarla
07-09 09:23 AM
:D Looks like Axis of Evil Lou Dobbs - Jeff Sessions - Tom
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paskal
02-14 03:44 PM
Physicians measures:
We have been actively engaged in discussions with senate leaders on physician issue over the last few months. Members of our chapter traveled to DC to attend a key Senate task force meeting on physician immigration and current challenges. We also attended the AAPI legislative day event in DC and found support from lawmakers and from AAPI.
We strongly encourage everyone to be strongly behind the administrative fixes campaign, as this will bring considerable relief while we battle for immigration reform. letters from physicians and their colleagues will carry their own weight. Ask your employers too and approach your lawmakers!
Our efforts have shown signs of bearing fruit in recent times. Recently we were privileged to be part of a discussion on an upcoming physician bill that would satisfy our primary agenda: quota free green cards for physicians that serve in under served areas. The current proposal would encompass both J1 and H1B physicians. This would be an interim step towards reform- a more wide ranging bill is expected in the future.
We are hoping that this bill can be brought up for voting at some point in the near future. We will need help from many physician members to achieve our objective. A successful result would resolve the entire issue for many physicians AND would establish for the first time a principal that IV has espoused: skilled immigrants that work in the national interest should not be bound by quotas. This precedent would go along way in resolving the larger immigration morass as well.
The chapter thanks all it's active members and IV for the efforts and support that have led us this far. If you want to join the physicians chapter, use the links in my signature. Remember that membership is contingent upon disclosing at least your name and contact number, which is kept confidential at all times.
We have been actively engaged in discussions with senate leaders on physician issue over the last few months. Members of our chapter traveled to DC to attend a key Senate task force meeting on physician immigration and current challenges. We also attended the AAPI legislative day event in DC and found support from lawmakers and from AAPI.
We strongly encourage everyone to be strongly behind the administrative fixes campaign, as this will bring considerable relief while we battle for immigration reform. letters from physicians and their colleagues will carry their own weight. Ask your employers too and approach your lawmakers!
Our efforts have shown signs of bearing fruit in recent times. Recently we were privileged to be part of a discussion on an upcoming physician bill that would satisfy our primary agenda: quota free green cards for physicians that serve in under served areas. The current proposal would encompass both J1 and H1B physicians. This would be an interim step towards reform- a more wide ranging bill is expected in the future.
We are hoping that this bill can be brought up for voting at some point in the near future. We will need help from many physician members to achieve our objective. A successful result would resolve the entire issue for many physicians AND would establish for the first time a principal that IV has espoused: skilled immigrants that work in the national interest should not be bound by quotas. This precedent would go along way in resolving the larger immigration morass as well.
The chapter thanks all it's active members and IV for the efforts and support that have led us this far. If you want to join the physicians chapter, use the links in my signature. Remember that membership is contingent upon disclosing at least your name and contact number, which is kept confidential at all times.
more...
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eb3_nepa
08-02 11:54 AM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
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karthiknv143
06-25 01:37 PM
Regarding affidavits, scanned copy is good enough.
Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....
Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....
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sjhugoose
February 20th, 2004, 11:46 AM
Oooops, too late. All got before lunch break. Next will be better and cheaper.
Steven
So close, So close
Steven
So close, So close
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Atishbazi
03-31 03:26 PM
I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?
Atish.
Atish.
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northstar1
07-15 08:54 PM
Guy's,
Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.
http://digg.com/politics/The_Gandhi_Protest
Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.
http://digg.com/politics/The_Gandhi_Protest
Aah_GC
03-01 05:25 PM
the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.
Good Point. Guess I should get my act together too.. So can somebody give me some information on what I should do to get an FP appointment on Infopass website?
Here is where I am -
Make Your Appointment with INFOPASS -> "Please select Kind of Service you need"
I have these many options - which one should I choose?
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your Permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form
Good Point. Guess I should get my act together too.. So can somebody give me some information on what I should do to get an FP appointment on Infopass website?
Here is where I am -
Make Your Appointment with INFOPASS -> "Please select Kind of Service you need"
I have these many options - which one should I choose?
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your Permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form
Chris Rock
08-12 12:42 PM
bump
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