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  • desi chala usa
    08-28 11:58 AM
    Pady,

    I got the same reply it says 6 months insted of 60 days.....





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  • bigboy007
    01-15 04:49 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.





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  • walking_dude
    12-05 12:02 PM
    True, it covers only Citizenship (naturalization) applicants. However, it's worthwhile to explore if this lawsuit can be extended to cover GC applicants or ACLU is willing to file another for GC applicants too . It may provide a chance to those on IV still stuck in Namechecks.

    Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.

    ACLU Press release - http://www.aclu.org/immigrants/gen/32422prs20071029.html

    ACLU Immigrants rights project E-mail - immrights@aclu.org





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  • siravi
    01-10 10:23 PM
    ... if I am around at that time. Shall look forward to meeting and catching up!



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  • aranya
    01-15 04:13 PM
    Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).

    Let us know how it goes.

    Cheers,
    -b

    My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.





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  • bfadlia
    03-15 01:31 PM
    ^^^^



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  • chanduv23
    07-11 12:06 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...

    Depends - everything happens random manner. Generally CP filers have advantage in such situations





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  • manderson
    10-29 02:03 PM
    stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?

    Please feel free to educate if I am out of line here.



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  • drona
    07-11 02:49 PM
    Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.

    As Schwarzenegger has said multiple times:

    "I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."

    �Polls Push Governor to the Border�, LA Times, April 30, 2005
    http://www.vdare.com/guzzardi/050503_schwarzenegger.htm





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  • nkavjs
    11-09 09:15 PM
    [QUOTE=tinuverma;193745]Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs?
    -- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

    Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    -- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
    -- If you receive AP, its ok to travel if your passport is not with H1 stamping.
    Once you get back, you will be stamped as parollee.

    Why is it not safe to travel while on EAD and yet to have the GC in hand?
    -EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

    Last and most imp, is there any on when I can hope to get the actual green card?
    -- Dont know the answer.. Its like a lottery.



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  • visves
    12-20 12:03 PM
    I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.


    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.





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  • TUnlimited
    11-07 05:22 PM
    By the way, I got my EAD. I don't want to spend money

    You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D



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  • santosh08872
    02-24 07:30 AM
    Hi,
    I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.

    Do you people see any problem revoking the H1 at this stage?

    Thanks
    Santosh





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  • mmpsbarad
    09-27 07:31 PM
    Thank you all for your useful suggestions.
    Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.

    1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.

    2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?

    Thank you.



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  • kumargovin
    06-03 10:33 AM
    I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.





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  • chanduv23
    02-26 12:37 PM
    Congressman - things can move quick and you can get personalized attention.

    Senator - things may be a bit slow because they handle the entire state.

    How your case can be treated - there is a trick that I would like to share.

    For any politician it is in their best duties to help their constituent and that too a law abiding tax paying constituent.

    For any staffer at their office, it is best for them to be of help to the constituent because they get brownie points.

    You must present yourself and your case with a lot of humility, clarity, easy language, proof of documents, and words of praise and humble request for help - then you can actually see that things do work.

    USCIS has an internal liason called congressional liason and all congressional enquiries are routed carefully through that liason. It is in best interest of the liason to make sure they do everything right and come back with a responsible answer. Most times thei entire process is made visible to you via emails copied to you or printouts of conversation or sometimes the liason asks you to come to their office and talks to CIS in your presence.

    This is not like Infopass where you can expect only luck to help you.

    Another option is to approach the Ombudsman. Ombudsman's office is slow, but it is effective too.



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  • acecupid
    07-08 04:39 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US

    I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.





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  • GCapplicant
    08-14 02:10 PM
    checked with uscis ...she has mentioned we have to wait 90 days for the great receipt .Thats what shows in their system.

    if receipt takes so much time how about EAD.

    Earlier they mentioned 45 days...now 90 days.No idea.:(





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  • justin150377
    07-01 02:38 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.





    sanprabhu
    10-02 09:40 AM
    Don't go by the online status messages at all. They are meaningless and not connected to your real case status. I think the worker made a mistake in selecting the online case message when they adjudicated your application.

    Hi All

    Cheques were encashed for my and my wife's I-485, I-765, I-131 application.

    I have received the receipt numbers for all from the back of the cheques.

    When I access the receipt number for one of the I-765 Uscis shows the following update :

    On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??

    Anybody in a similar situation ?





    chanduv23
    11-26 02:00 PM
    Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.

    The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.

    If there is any change that I know of, I will post it on this thread