Sunday, June 12, 2011

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  • bpratap
    02-04 11:39 AM
    Thank you for the info




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  • xgoogle
    06-25 07:59 AM
    So we can apply for an EAD and AP renewal when the time comes on our own?
    Also is AC-21 filing involved in this case?
    And would my current employer need to do anything or need to not do anything?

    Thanks,




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  • mnkaushik
    01-04 08:50 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.




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  • radhay
    08-21 04:33 PM
    Hi, I am in the exact same situation. USCIS approved my H1B but didn't issue I-94. Along with the H1B approval letter there was explanation why they can't issue me 'H1B status' and also suggesting me to leave country and apply for H1B visa at the consulate using the approved petition.
    I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.

    The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.

    I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.



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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.




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  • dilipb
    02-13 03:54 PM
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    but but but....



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  • bigboy007
    07-10 07:13 AM
    The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.




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  • ArkBird
    09-08 05:12 PM
    @Sanjay

    Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval



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  • doudou
    07-26 12:40 PM
    mambarg wrote

    Nebraska is processing Apps received June 29th

    So in next few days, as expected we may start seeing processing or receipts for July 2nd filers on Aug 1st at least at nebraska.

    I saw it on __________________


    Do you know if some June 29th filers received their recipt numbers?
    Thank you!




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  • chanduv23
    01-06 09:52 AM
    Just say "All izz well" and watch out for the bulletin :)



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  • LONGGCQUE
    07-27 10:53 AM
    jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.

    1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
    You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.

    2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.

    These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.

    Good luck




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  • tdasara
    03-08 09:14 PM
    The OVERFLOW from EB1 and EB2 is directly going to EB3!



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  • gc_kaavaali
    11-14 10:24 AM
    hey fearonlygod,
    Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.

    I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?




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  • sbmallik
    06-09 03:31 PM
    What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.

    Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.



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  • RDB
    08-28 04:37 PM
    Yes, am planning to do this.

    we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

    Anybody doing this?




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  • waitingmygc
    10-19 05:44 PM
    For a case like you best bet will be "Immigration Law Group".

    IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)

    Note: Its merely my personal onion.



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  • setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

    Please I need more views before I make decision




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  • dixie
    11-07 05:39 PM
    The visa officer will quiz you about how long you have been working for your current employer, and what you did before that. If you say you were studying and did not complete the course, expect the officer to get suspicious - ever since 9/11, "students" who dont actually study on an F-1 visa are as a rule viewed with great suspiction. Likewise, at the port of entry when you try to get the I-94 stamped, the officer will look up your SEVIS record and grill you about the reasons for abandoning your course, and whether you were in legal status during the interim.As long as you have all the documents proving everything you say, you should be fine.


    What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??




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  • Since1997
    08-13 11:02 AM
    Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf

    I-140(8/3) I-485(8/3)
    NSC 7/1 7/1
    TSC 7/30 6/26

    I-140(8/10) I-485(8/10)
    NSC 7/1 7/1
    TSC 7/31 6/28

    NSC no progress at all
    TSC 1day for I-140 & 2days fro I-485

    PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....




    I_need_GC
    07-24 10:41 AM
    tricky question general rule.

    1 week (not recommended questionable by USCIS if complained by anyone):eek:
    1 month Questionable by USCIS
    2 months ok might not have problems at passport filing
    3 months preferable relatively safe
    4 months plus you are pretty safe.

    Hope this helps




    xyz2005
    08-06 04:53 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Heartiest congrats
    Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.

    Take care and accept our heartiest congrats once again.

    Best Regards,



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