joydiptac
04-22 07:35 PM
well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
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sroyc
08-03 12:21 PM
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
FKFish
01-31 12:18 PM
Great. Thank you all very much. :)
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sumagiri
02-25 03:08 PM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
more...
neverbefore
08-07 03:19 AM
hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
The people exhorting you to resolve your differences with your spouse are the ones who are helping you the most. Please help yourself by heeding them. :)
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
The people exhorting you to resolve your differences with your spouse are the ones who are helping you the most. Please help yourself by heeding them. :)
guyfromsg
07-19 05:41 PM
Thanks for ur reply..anyone else has any input on this??
From Greg's blog
>>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<
You should be fine. You have your choice up until month's end.
From Greg's blog
>>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<
You should be fine. You have your choice up until month's end.
more...
vicks_don
04-18 03:16 PM
All cases filed before april 1st would they be transfered to TSC or processed at VSC.
Mine was filed last october.
Thanks
Mine was filed last october.
Thanks
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fromnaija
07-20 04:34 PM
You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
more...
keerthi
07-14 01:04 AM
Hello Ruben,
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
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trueguy
12-11 01:43 AM
In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
more...
eeezzz
02-19 01:18 PM
I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
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leoindiano
08-03 11:48 AM
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
more...
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reddymjm
05-27 12:56 PM
You probably won't get a FP notice if you have done biometrics done before for I-485.
So may just have to wait for approval.
This is not consistent. I filed on Apr 18th. Last LUD on apr 27th.They received the documentation that day. My fried filed 3 weeks ago. He got a FP notice. Both were efiles. He has also done his FP along for 485.
So may just have to wait for approval.
This is not consistent. I filed on Apr 18th. Last LUD on apr 27th.They received the documentation that day. My fried filed 3 weeks ago. He got a FP notice. Both were efiles. He has also done his FP along for 485.
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mpadapa
02-16 10:29 PM
we sure can make that good news happen provided we all make the admin campaign a success. Can we??
I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.
I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.
more...
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anindya1234
07-17 10:32 PM
The link is not working
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vicks_don
04-18 10:34 AM
I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.
Thanks.
more...
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shirish
04-27 12:05 PM
I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
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ocpmachine
07-06 04:41 PM
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
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dilbert_cal
07-05 03:09 PM
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
deejk
03-10 11:11 AM
They started it from March 4, 2011. I have asked the USCIS representative when i called today about when they are starting the Secure Mail Initiative to track Green Card/EAD. The procedure is still the same, if its lost in mail, you will have to file I-90. But atleast you will know if it has been mailed, to which city, state, zipcode it has been mailed to.
chanduv23
11-14 09:23 PM
State chapters help organize and train members for lawmaker meets and it is very essential that we as a community stand up and speak for ourselves.
It is very essential that we meet our lawmakers.
Join the State Chapters now and meet your lawmakers
It is very essential that we meet our lawmakers.
Join the State Chapters now and meet your lawmakers
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