jsb
10-25 11:42 AM
I filed my application on July27th. Completed FP on 10th Oct. I have not received EAD yet. When i called USCIS, I got response to wait 90days from the receipt date.
USCIS is overhelmed with filings, so delay is everywhere. How come you got your FP done so fast? I filed on July 2, and got just receipts, nothing else.
USCIS is overhelmed with filings, so delay is everywhere. How come you got your FP done so fast? I filed on July 2, and got just receipts, nothing else.
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eb3_nepa
10-26 03:50 PM
Can you talk in english please?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
tikka
05-29 04:00 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.
Please do take a few minute and send web faxes!!
Thank you
I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.
Please do take a few minute and send web faxes!!
Thank you
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gc_chahiye
10-05 04:12 PM
How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
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nixstor
04-09 03:42 PM
Ideas are dozen a dime irrespective of whether they are good/bad. As you observed that this is a good idea and IV has already approached websites like rediff/sulekha, only to be asked for enoromous amounts of money for featuring IV on their website. So we need $$$ via contributions or the situation should get so worse that media will write for free.
There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.
There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.
stirfries
01-29 10:10 AM
My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Hey nrakkati !!!
congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...
Ofcourse there are alternatives when you get SCREWED that way...:)
If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...
Thanks,
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Hey nrakkati !!!
congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...
Ofcourse there are alternatives when you get SCREWED that way...:)
If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...
Thanks,
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hypersphere
05-21 09:07 AM
Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
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FinalGC
10-16 01:52 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
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hariswaminathan
01-10 02:57 PM
Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."
Anybody in the same shoes?
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
Anybody in the same shoes?
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
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GCwaitforever
02-06 04:40 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
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EB3_SEP04
07-01 07:37 PM
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
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desi3933
06-25 10:38 AM
Here is the reply from my attorney
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
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martinvisalaw
06-29 05:12 PM
Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.
Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.
Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.
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john2255
10-21 01:48 PM
bump
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sanojkumar
08-21 11:35 AM
Yes, My checks got cashed as well. We had filed on July 18th to NSC. Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?
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sam2006
08-15 01:24 PM
I think all the 140 approved / pending at TSC and 485 applied at NSC have been transfered to TSC
the LUD for 140 was the Transfer to TSC i guess
we have to look at TSC timings now
the LUD for 140 was the Transfer to TSC i guess
we have to look at TSC timings now
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pansworld
07-07 04:26 PM
But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents
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calaway42
10-21 12:17 AM
my question is.. how do you guys start on ur piece?.. i mean do you outline with pencil tool first .. or what?
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nikdevid
11-24 01:08 AM
Hey all, I have PayPal Account and i have 200$ in that account, now what happen i wanna transfer in my indian bank account.. What the procedure i have to follow.. Please suggest me right way.
Harivinder
04-12 02:40 PM
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
ikass
06-01 06:30 PM
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
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