small2006
07-11 11:35 AM
Hi Folks,
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
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rameshvaid
05-27 04:57 PM
I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
Pls. reply to my PM, I sent you earlier.
Thanks..
RV
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
Pls. reply to my PM, I sent you earlier.
Thanks..
RV
pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
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jnraajan
03-29 04:07 PM
When I applied in June 07, I had the same issue. They approved it on July 3rd, when according to the revised bulleting, the numbers should have been unavailable. (Remember the Fiasco anyone). I guess they decided to use the old bulletin to give me 1 year extension and then the new bulletin to say, I cannot file for AOS. Nice going..
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sundarpn
05-29 09:51 PM
Oh I did not know that one person can send webfax for each state.
When I click that link it said "You have already sent it"
I'll check again now
When I click that link it said "You have already sent it"
I'll check again now
LondonTown
03-07 11:33 PM
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.
Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.
Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.
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vjkypally
08-06 12:17 PM
Where you moved from NSC to TSC or did you file at TSC?
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vladdrac
06-14 09:57 PM
that gun is sweet, and I especially like the lettering you put on it
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sgupta33
03-20 03:23 PM
Hello All,
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
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agpg
08-08 01:15 PM
Just had an infopass appointment.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Which area's infopass center is this? Was the officer friendly?
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Which area's infopass center is this? Was the officer friendly?
more...
raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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AB1275
12-15 03:50 PM
I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
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JunRN
08-11 06:00 PM
True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.
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SK2007
11-29 05:15 PM
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
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Jaime
09-14 03:56 PM
Whats the 30,000? I'm not listening
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black_logs
05-25 10:26 PM
Guys,
So finally we're out of Senate with a thundorous victory. We have almost all our provisions in place. I want to thank QGA , The Senators & Staffers of several Senators who helped us sailing thru this 'like a charm'.
Thanks
So finally we're out of Senate with a thundorous victory. We have almost all our provisions in place. I want to thank QGA , The Senators & Staffers of several Senators who helped us sailing thru this 'like a charm'.
Thanks
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pappu
08-31 01:49 PM
No point in spending time on such a poll by CNN. We all should focus on other things that can bring some tangible benefits to our cause.
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Munna Bhai
07-12 11:47 AM
any more help??
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waitin_toolong
08-14 06:11 AM
Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
krassib
09-21 04:06 PM
My lawyer and I both tried using this link but we keep getting error messages.
Has anyone got any updates on their cases on this link?
Yes, I told my lawyers next day after the site was opened and they confirmed that my case is in the system and "In Process," although, �In Process� is a very broad term � it does not tell me where in the queue my case is, when it will start to be worked on, i.e. the time factor and estimations are missing. It is really bad, bad system ;-(
Has anyone got any updates on their cases on this link?
Yes, I told my lawyers next day after the site was opened and they confirmed that my case is in the system and "In Process," although, �In Process� is a very broad term � it does not tell me where in the queue my case is, when it will start to be worked on, i.e. the time factor and estimations are missing. It is really bad, bad system ;-(
alapkd
09-01 01:49 AM
good but sad article, thanks for posting.
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