gc_chahiye
06-20 09:30 PM
Thanks for posting this I was searching for some advise on this aspect ....
I have one questions based on this comment :
If a person uses one of his I-140s and the adjustment is for some
reason denied, it appears that there is no reason why they can not then
re-apply for adjustment using the other approved I-140 providing all the
requirements are met under the petition.
So lets say Husbands 485 gets deined for some reason and the wife has an approved I 140 but her PD is not current any more, can the substiution still happen or are the couple doomed?
Please respond.
AA
this is what I understand:
the wife can continue on her H1 extensions. The husband can stay until the current H1 expires. For future extensions he will need a fresh PERM/I-140 (since PD is not current).
Might be worth filing separately now, and joining the spouse's petition once its approved. From what I have read so far (CHECK WITH ATTORNEY) you can add your spouse to your I-485 within 180 days of approval, if you were married before it got approved.
I have one questions based on this comment :
If a person uses one of his I-140s and the adjustment is for some
reason denied, it appears that there is no reason why they can not then
re-apply for adjustment using the other approved I-140 providing all the
requirements are met under the petition.
So lets say Husbands 485 gets deined for some reason and the wife has an approved I 140 but her PD is not current any more, can the substiution still happen or are the couple doomed?
Please respond.
AA
this is what I understand:
the wife can continue on her H1 extensions. The husband can stay until the current H1 expires. For future extensions he will need a fresh PERM/I-140 (since PD is not current).
Might be worth filing separately now, and joining the spouse's petition once its approved. From what I have read so far (CHECK WITH ATTORNEY) you can add your spouse to your I-485 within 180 days of approval, if you were married before it got approved.
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BharatPremi
03-18 08:50 AM
Hi Guys,
I have a concurrent filed application (140 still pending) dated back to Oct 2004 and another I-485 application from July, 2007 from different labor but a recently approved 140. My current EAD & AP is based on the first 485 (Oct 2004) which are due for renewal in next 4 months. Now I want my EAD/AP to be based on July 2007 I-485 (second one) since underlying 140 is approved. Here is my dilema:
1. When I renew EAD/AP should I check that its renewal or initial application option.
2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).
Thanks for any suggestions/thoughts you might have.
Thanks
There is no concept of "multiple EAD and AP" assigned to single person as far as I know. So it does not matter what " you want" what matter is "what USCIS wants". And so far what I have heard (From professional and wellknown lawyers), multiple 485 filings is the last thing you want to even think about because USCIS does not like it and at the end of the day what matters is "What USCIS wants" so talk about that to lawyers as well so down the road you would not end up any delay or problem by USCIS due to multiple filings.
I have a concurrent filed application (140 still pending) dated back to Oct 2004 and another I-485 application from July, 2007 from different labor but a recently approved 140. My current EAD & AP is based on the first 485 (Oct 2004) which are due for renewal in next 4 months. Now I want my EAD/AP to be based on July 2007 I-485 (second one) since underlying 140 is approved. Here is my dilema:
1. When I renew EAD/AP should I check that its renewal or initial application option.
2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).
Thanks for any suggestions/thoughts you might have.
Thanks
There is no concept of "multiple EAD and AP" assigned to single person as far as I know. So it does not matter what " you want" what matter is "what USCIS wants". And so far what I have heard (From professional and wellknown lawyers), multiple 485 filings is the last thing you want to even think about because USCIS does not like it and at the end of the day what matters is "What USCIS wants" so talk about that to lawyers as well so down the road you would not end up any delay or problem by USCIS due to multiple filings.
gveerab
08-21 11:58 AM
MetroPCS has a plan with unlimited international calling with $50 mobile phone plan.
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appas123
08-13 07:47 AM
Please give me a call, if you donot mind.
Thank u so much for your kind reponse.
Ok. I will try giving you a call this weekend. Afternoon works best for me. Let me know if that is fine with you.
Thank u so much for your kind reponse.
Ok. I will try giving you a call this weekend. Afternoon works best for me. Let me know if that is fine with you.
more...
ndialani
10-05 02:31 PM
I m Aug-04, TSC, EB-2 .....still waiting!
Opened SR 9/5/2009...got letter from CRIS...wait 6 months.
For my wife , we got 60 days wait letter.
I m the primary applicant!
Has anyone ,tried to contact Congressman/Senetor's office?
How can i do it?
I m in Orange county, CA.
Opened SR 9/5/2009...got letter from CRIS...wait 6 months.
For my wife , we got 60 days wait letter.
I m the primary applicant!
Has anyone ,tried to contact Congressman/Senetor's office?
How can i do it?
I m in Orange county, CA.
fiona6
02-26 10:07 AM
Called the DOS. Told them I need to travel to my home country and asked them if they can verify if my information is in PIMS. She asked if the H1-B is an extension case which it is. She said the extension cases are taking a bit longer than the new ones. That is quite surprising. Finally she looked in the database or whatever and said they do not have my extension information yet. All they have is the information from the expired petition. No timelines just asked me to call back in a week.:rolleyes:
I need to know if anyone had any luck if their lawyers pursued this matter with the DOS.
What is the phone number to call to verify the information?
I need to know if anyone had any luck if their lawyers pursued this matter with the DOS.
What is the phone number to call to verify the information?
more...
saileshdude
09-16 11:04 AM
You could be stuck because of background/name check. Check my previous postings where I sent a link to one of the documents someone posted when they got is using FOIA. At the time of final approval also some checks are initiated and that could cause delays also.
I got the SLUD on 9/3, 9/4, 9/7 2010. Showing the same message under review.waited all these days hoping for good news.No good news.called c/s(customer service),got response that they only "touched your file on 9/3,but don't have idea what IO did."
Came to US more than 10 Yrs before.still waiting.
PD Jan 2006 EB2 I.
NSC
Mine is self labor without any complication,except filed AC21 in 2008 from a good client.
No cheating in the whole process,still not getting GC.
Anyone in the same boat, please share your experiences.
I got the SLUD on 9/3, 9/4, 9/7 2010. Showing the same message under review.waited all these days hoping for good news.No good news.called c/s(customer service),got response that they only "touched your file on 9/3,but don't have idea what IO did."
Came to US more than 10 Yrs before.still waiting.
PD Jan 2006 EB2 I.
NSC
Mine is self labor without any complication,except filed AC21 in 2008 from a good client.
No cheating in the whole process,still not getting GC.
Anyone in the same boat, please share your experiences.
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aj_jadeja
07-09 09:22 PM
just curious .
to fwd all these flowers will it cost uscis anything ?
btw i m very happy that he has acknowledged our issue :)
thx
aj
to fwd all these flowers will it cost uscis anything ?
btw i m very happy that he has acknowledged our issue :)
thx
aj
more...
angelfire76
11-03 08:23 PM
Good Job SUnnySurya, Congrats on this achievement, it helps people with more merits.
Consulting companies with fake skills/resumes will be busted now to get GC..
Not only consulting companies but genuine companies in the software arena will also face trouble. If I interpret it correctly, most new hires at places like Google, MSFT, Amazon etc. even if having MS from top-notch universities in the US can apply only under EB-3 as their job description will fall in Job Zone 4.
On the other hand somebody having a non-IT or CS degree from a mom&pop University can find a job, state its "research" and upgrade to Job Zone 5 and apply under EB-2.
I wonder how this will fly with the affected companies?
Consulting companies with fake skills/resumes will be busted now to get GC..
Not only consulting companies but genuine companies in the software arena will also face trouble. If I interpret it correctly, most new hires at places like Google, MSFT, Amazon etc. even if having MS from top-notch universities in the US can apply only under EB-3 as their job description will fall in Job Zone 4.
On the other hand somebody having a non-IT or CS degree from a mom&pop University can find a job, state its "research" and upgrade to Job Zone 5 and apply under EB-2.
I wonder how this will fly with the affected companies?
hair for the fight with Arthas,
puvathoor
03-24 05:52 PM
Good discussion thread..
I just wanted to let you all know that in the firm that I work ( a fortune 10 company) job postings clearly require " unrestricted authorization to work in USA without sponsorship".
I know that they have used this logic to screen out candidates who require sponsorship visas. EAD (for dependent) can be percieved as unrestricted work authorization for 1 year (or restricted because it ends in 1 year). EAD for primary applicant is restrictive on the applicant (because of the same/ similar job requirement)..
I just wanted to let you all know that in the firm that I work ( a fortune 10 company) job postings clearly require " unrestricted authorization to work in USA without sponsorship".
I know that they have used this logic to screen out candidates who require sponsorship visas. EAD (for dependent) can be percieved as unrestricted work authorization for 1 year (or restricted because it ends in 1 year). EAD for primary applicant is restrictive on the applicant (because of the same/ similar job requirement)..
more...
royus77
06-29 04:15 PM
my lawyer's office just called me saying they would want to file ASAP, for which they want my signatures tomorrow. I met her an hour ago, when she was saying things like "hopefully by next week".
So whether or not this is a rumour, it sure has clicked the panic button for lawyers too!
If this is true, it is unimaginably bad. (Personally I still think it won't happen till end of July.)
It may true ....if that was reported in aila.org means all lawers will be in Panic now ....
So whether or not this is a rumour, it sure has clicked the panic button for lawyers too!
If this is true, it is unimaginably bad. (Personally I still think it won't happen till end of July.)
It may true ....if that was reported in aila.org means all lawers will be in Panic now ....
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singhv_1980
01-22 12:57 PM
there is one place where you enter petition info.. when I booked online appointment for mumbai.. I had to enter petition info online... it doesn't show up anywhere on any form but we do need to enter it online.
When is your interview and where? Will this be your first stamping?
When is your interview and where? Will this be your first stamping?
more...
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pappu
08-04 06:07 PM
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
Immigration Security Checks�How and Why the Process Works
Background
All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.
USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.
Why USCIS Conducts Security Checks
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
Immigration Security Checks�How and Why the Process Works
Background
All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.
USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.
Why USCIS Conducts Security Checks
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
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garybanz
01-09 09:57 AM
Tell them little more about ur degrees, achievements, personality and physical appearance too. May be they get impressed and recommend to their father...;)
Well, if you end up too impressive then you may no longer need EB green cards ;)
Well, if you end up too impressive then you may no longer need EB green cards ;)
more...
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permfiling
03-10 01:02 PM
We can raise the issue is that the govt does not want to address our plight as
1. We are not entitled to any benefits till we get our GC such as Social security, benefits etc though we pay taxes which inturn are used by US citizens
2. We contribute to the economy by buying goods etc so there is a dual intent to keep the foreigners here but not to give them GC/citizen ship asap
1. We are not entitled to any benefits till we get our GC such as Social security, benefits etc though we pay taxes which inturn are used by US citizens
2. We contribute to the economy by buying goods etc so there is a dual intent to keep the foreigners here but not to give them GC/citizen ship asap
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purgan
09-09 01:32 PM
please also inform the Legal Immigrant Association (LIA) as they also are affected by severe visa backlogs/retrogression
more...
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Canadian_Dream
06-29 05:22 PM
I wish your are right. But AILA will not spread rumors by circulating official notice. Check the other thread. Besides AILA official notices are are rarely wrong.
This is not the end of the world, enjoy ur weekend ........
USCIS will be in big trouble if they do what the rumors say ...
Just be ready to file and v ll c what happens .....
I m 99.5% sure that its a rumor ....
This is not the end of the world, enjoy ur weekend ........
USCIS will be in big trouble if they do what the rumors say ...
Just be ready to file and v ll c what happens .....
I m 99.5% sure that its a rumor ....
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sunny1000
06-29 08:30 PM
I dont understand why DOS/DHS/USCIS will not do anything RIGHT NOW and wait till July 2nd or 3rd??
exactly.....
exactly.....
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puddonhead
08-28 03:49 PM
Guys - please use referrals - it gives 2 months free to both the referrer and the referred customer. So find your favourite "already Vonage customer" - and have him refer you. The referral takes about a day to actually arive.
<Selfish advertisement on>
Now that I informed you about this - may I get to become your favourite "already vonage customer"? Please PM me your email address if yes - and enjoy 2 free months.
</Selfish advertisement on>
<Selfish advertisement on>
Now that I informed you about this - may I get to become your favourite "already vonage customer"? Please PM me your email address if yes - and enjoy 2 free months.
</Selfish advertisement on>
sanju_dba
11-04 02:53 PM
I-485 Employment-Based Inventory does it include Spouse applications also
CAN Some Senior members clarify my doubts:
==================================
USCIS release I-485 Employment-Based Inventory countyr wise. Is this Numbers listed every year for the Employment based category include applications filled for Spouse also?
If it is not included then we need to take in to account that for every 485 application we will bare minimum have 1 spoude 485 application that requires VISA Number.
Link from USCIS:
http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf
Looks like you have long way to catchup.
CAN Some Senior members clarify my doubts:
==================================
USCIS release I-485 Employment-Based Inventory countyr wise. Is this Numbers listed every year for the Employment based category include applications filled for Spouse also?
If it is not included then we need to take in to account that for every 485 application we will bare minimum have 1 spoude 485 application that requires VISA Number.
Link from USCIS:
http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf
Looks like you have long way to catchup.
apb
10-06 05:46 PM
Hi apb..
Good to see that there is some activity going on our cases..i got the response form USCIS saying that "the case is pending at the USCIS office" dose this means they transfered the case to local office? or still at NBC..dose your message says that the your case has been transfered to "local USCIS office" or just "USCIS office"?..
My online status says transferred to USCIS office, BUT the mail I got in response to my lost application inquiry stated LOCAL uscis office and that you will be called for interview whenever they are ready.
Good to see that there is some activity going on our cases..i got the response form USCIS saying that "the case is pending at the USCIS office" dose this means they transfered the case to local office? or still at NBC..dose your message says that the your case has been transfered to "local USCIS office" or just "USCIS office"?..
My online status says transferred to USCIS office, BUT the mail I got in response to my lost application inquiry stated LOCAL uscis office and that you will be called for interview whenever they are ready.
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