ONEMOREGCSEEKER
07-15 11:16 PM
Thanks RPAT. With this additional clarification I can say that my case is not similar.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
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zuhail
10-14 02:07 PM
Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
martinvisalaw
07-16 03:00 PM
Hi,
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
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enthu999
07-17 06:17 PM
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
more...
anu_t
06-20 02:20 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
rajpatelemail
02-12 12:37 PM
If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
more...
angelfire76
12-06 01:19 PM
The only language indigenous to India on the list of translators seems to be Punjabi. As far as I know the place where they might place you would be in NWFP in Pakistan. Do you really want a green card at that cost? :rolleyes:
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liberty
01-09 12:53 PM
We are in process of extending visitor visa for my parents-in-law.
We have filed I -539 form thro� USCIS E-FILE. We paid $300 for extension fees. They did not ask for any documentation, so we have not sent any. We got the acknowledgement of receipt from USCIS. We applied one month before their six month stay expires. If I do not get any reply from USCIS before their stay expires, is it illegal for them to continue their stay? If anyone has gone thro� a similar situation, please provide some insight. Any expert opinion will highly appreciated.
We have filed I -539 form thro� USCIS E-FILE. We paid $300 for extension fees. They did not ask for any documentation, so we have not sent any. We got the acknowledgement of receipt from USCIS. We applied one month before their six month stay expires. If I do not get any reply from USCIS before their stay expires, is it illegal for them to continue their stay? If anyone has gone thro� a similar situation, please provide some insight. Any expert opinion will highly appreciated.
more...
GCNaseeb
10-30 06:34 PM
I will take an Infopass. Did you get a new Card or they just corrected in their system?
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
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abracadabra
05-30 03:45 PM
E-Filing Support <e-filing.support@dhs.gov> sent email and got the confirmation receipt notice through email
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virginia_desi
02-13 03:28 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
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thesparky007
05-17 09:14 PM
That looks really nice sparky!thanks
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and vanakkam btw
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kumar1
02-13 03:37 PM
I have a feeling that most of the people on this forum would directly get senior citizenship in this country.
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gauravsh
05-04 10:36 AM
I assume you haven't filed your I 1485 yet.
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
more...
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neerajkandhari
10-26 04:36 PM
I was surprised to see my AP in hand
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
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ASingh10
07-25 11:33 AM
Your answers were very useful.
Thanks for your time. Any more insights people?
Abhishek
Thanks for your time. Any more insights people?
Abhishek
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tabletpc
06-11 02:00 PM
U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.
Premium Processing Service offers 15 calendar-day processing for designated
read more here...
http://www.uscis.gov/portal/site/uscis
Premium Processing Service offers 15 calendar-day processing for designated
read more here...
http://www.uscis.gov/portal/site/uscis
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suny_saini
07-22 11:35 AM
yes we already have an attorney in US
i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?
what is the solution then?
does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?
what is the solution then?
does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
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amsgc
01-22 10:13 PM
Alright - good luck and sleep tight!
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
inthehole
08-23 06:18 PM
I have been trying to book an infopass at Hartford office for the past one month. I been trying to every 2 hours for at least 8 times constantly every day.
Every time I get a message saying "No information appointment is available at this time. Please try again later" message.
Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.
Every time I get a message saying "No information appointment is available at this time. Please try again later" message.
Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.
alterego
02-20 09:44 PM
Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.
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