eb3_nepa
04-16 11:21 PM
Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.
Do you have any kind of documentation or a Link for this by any chance?
Do you have any kind of documentation or a Link for this by any chance?
rkrishna123
10-17 03:11 PM
Thanks guys for your advice and time.....
foobar2001
03-10 11:07 AM
My 485 got approved 3 months back. Once the status showd "Card Production Ordered". Then changed to "Post Decission Activity". I received the Welcome lettter that i have been grnated permanent resident statusI called USCIS some 45 days back. They mentioned the card has been mailed and file another I-90 mentioning my card is lost. I told them i have not received it at all and asked why i need to spend money and file I-90 again when i did not receive it at all. They said file I-90, thats all. I took infopass appointment. The IO at infopass gave same answer. We mailed the card, its lost, we did not receive it back, file I-90.
I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.
I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.
Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)
I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.
I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.
Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)
morphthecat
07-30 03:07 PM
how is the baby supposed to sponsor the parents ??
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
more...
meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
ibbu_arif
11-17 05:21 PM
Thanks "LostinGCProcess" { I apologize to call you by your userID :) }
This give me confidence to travel even if I don't get my AP approved.
I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/showthread.php?t=22443
Can you please advise what in your opinion is the best thing to do.
I know the security clearance timeframe is unknown, but how long does the PIMS check take?
This give me confidence to travel even if I don't get my AP approved.
I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/showthread.php?t=22443
Can you please advise what in your opinion is the best thing to do.
I know the security clearance timeframe is unknown, but how long does the PIMS check take?
more...
fide_champ
06-25 08:41 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
r50000
07-27 06:30 PM
hi All,
Is there any way to know if employer revoked I140. With what I understand if the employer revokes within 180 days of I485 filing, then we are screwed.
Thanks for the replies.
thanks!
Is there any way to know if employer revoked I140. With what I understand if the employer revokes within 180 days of I485 filing, then we are screwed.
Thanks for the replies.
thanks!
more...
MONCYS
02-16 08:52 AM
I am in eb2 india and wife from row.
I used the form for cross charging
http://www.immigration.com/fromtheagency/tsc82705.html
I used the form for cross charging
http://www.immigration.com/fromtheagency/tsc82705.html
funny
09-16 01:25 PM
Just cut short that Coffee/Tea/water break around the water cooler and make those calls today...
more...
rocky74
07-19 10:39 PM
Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.
Any Guess????
Any Guess????
rimzhim
02-09 04:02 PM
Please keep this thread alive ...
sledge hammer:
can you explain if the new labors being cleared in the BEC centers (approximately 150K are still pending) are from 2001-2003?
In 2003, there should be a demand of 23% of 300K (couting spouses)=69K. Total visas are about 140K per annum. So there should be some movement. i dont understand why there will be no movement.
sledge hammer:
can you explain if the new labors being cleared in the BEC centers (approximately 150K are still pending) are from 2001-2003?
In 2003, there should be a demand of 23% of 300K (couting spouses)=69K. Total visas are about 140K per annum. So there should be some movement. i dont understand why there will be no movement.
more...
WAIT_FOR_EVER_GC
06-08 03:18 PM
As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.
Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.
Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.
cableching
10-20 11:44 AM
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
more...
BornToWin
02-23 07:03 PM
How please?
paragpujara
10-09 07:10 PM
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
more...
admin
06-01 03:27 PM
We have discussed this issue earlier on this forum.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
anilsal
06-16 11:55 PM
that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.
It is very unfortunate that your lives can be tied to this dates circus. :(
It is very unfortunate that your lives can be tied to this dates circus. :(
number30
03-29 06:02 PM
You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.
Yes That is the way. You have three years to ammend your tax return. It is simple and common
Yes That is the way. You have three years to ammend your tax return. It is simple and common
sameer2730
06-21 05:12 AM
File electronically this time. Its not hard and less chances of error. Make sure you provide the correct country of citizenship. It is right after your address and a lot of people including myself chose USA there.
boreal
09-23 12:07 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
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