milind70
09-28 03:16 PM
Hi all,
Please let me know what could be the problem. On Apr25, my status changed to Case Received and Pending. Last Updated Date is 05/18.
When i contacted my employer, he says my petition is approved. But still when i find the status online, it's not reflected.
What could be the problem?
Any thoughts would be highly aprpeciated.
Thanks,
Santhosh
Looks like most probably a glitch in the USCIS online system.Many members have posted the problem you posted above
Please let me know what could be the problem. On Apr25, my status changed to Case Received and Pending. Last Updated Date is 05/18.
When i contacted my employer, he says my petition is approved. But still when i find the status online, it's not reflected.
What could be the problem?
Any thoughts would be highly aprpeciated.
Thanks,
Santhosh
Looks like most probably a glitch in the USCIS online system.Many members have posted the problem you posted above
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nvanter
08-14 07:01 AM
I did my masters in US and have got my H1 B status which expires next year. Had a few question. Just to add to my situation i have not got my H1 stamping done on my passport.
Q1. Can i apply for an extesion without a visa stamp.
Q2. How early can i apply for an extenstion.
Thank you in advance for your help.
Q1. Can i apply for an extesion without a visa stamp.
Q2. How early can i apply for an extenstion.
Thank you in advance for your help.
dasrik
07-14 11:54 AM
Hi,
Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
We received our EAD and AP in 2007 and they are about to expire.
We are currently planning to renew our EAD and AP and wanted to apply on our own this time.
In that context, we requested for a copy of our application forms from the attorney.
We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)
To our surprise, we figured out the following mistakes in the application forms:
1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
3) My mother's name was misspelled (a letter was missing from her first name)
I am not sure how bad the above mistakes are.
Here are my concerns now:
1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?
2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
OR
Will it be a problem for renewal because the details are different from the original application?
3) What is the procedure to follow in this situation?
Any advice in this matter is greatly appreciated.
Thanks in advance!
EB3 December 2003 PD
Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
We received our EAD and AP in 2007 and they are about to expire.
We are currently planning to renew our EAD and AP and wanted to apply on our own this time.
In that context, we requested for a copy of our application forms from the attorney.
We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)
To our surprise, we figured out the following mistakes in the application forms:
1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
3) My mother's name was misspelled (a letter was missing from her first name)
I am not sure how bad the above mistakes are.
Here are my concerns now:
1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?
2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
OR
Will it be a problem for renewal because the details are different from the original application?
3) What is the procedure to follow in this situation?
Any advice in this matter is greatly appreciated.
Thanks in advance!
EB3 December 2003 PD
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meridiani.planum
09-21 11:00 PM
Hello all,
For past few months I hear some noice on the web that USCIS may be changing its policy soon by discontinuing Concurrent filing and allowing people to file I485 If I140 is approved irrespetive of visa number availability. How far this is true, have any body got more details on this ?? :confused:
there was a proposal a while ago to stop allowing concurrent filing, but I have only heard about filing of 485 without an I-140 from people who wish for that, nothing from USCIS.
Something like that requires a change in the law, its not a matter of USCIS policy
For past few months I hear some noice on the web that USCIS may be changing its policy soon by discontinuing Concurrent filing and allowing people to file I485 If I140 is approved irrespetive of visa number availability. How far this is true, have any body got more details on this ?? :confused:
there was a proposal a while ago to stop allowing concurrent filing, but I have only heard about filing of 485 without an I-140 from people who wish for that, nothing from USCIS.
Something like that requires a change in the law, its not a matter of USCIS policy
more...
loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
pappu
12-15 02:34 PM
To buttress IV strategy any tasks for members during the holiday season..I understand we dont dicuss any strategies in open Forums..but to support your strategies during the holiday season?..people will have a little more free time..so we can involve in writing / meeting senators!??..
There is only lill time before the senate opens again!
Pani_6, thanks for offering to work on IV action items for the holidays. We definately need people like you to help prepare ourselves for next year. Here are some tasks everyone can help.
1- pls update your account information. That includes you too pani_6.
2- Take active role in your state chapter. If your state chapter is not active, then make it active yourself. Contact other members from your state through the state chapter thread and start working on action items
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164
3. Participate in membership and funding drive. Contribute towards IV during the holiday season.
4. Visit IV site regularly. If there is any news or campaign, we may announce it here and request members to help asap. If there is any update it will be put on IV site. We want to encourage members to visit IV site regularly and help keep it active
There is only lill time before the senate opens again!
Pani_6, thanks for offering to work on IV action items for the holidays. We definately need people like you to help prepare ourselves for next year. Here are some tasks everyone can help.
1- pls update your account information. That includes you too pani_6.
2- Take active role in your state chapter. If your state chapter is not active, then make it active yourself. Contact other members from your state through the state chapter thread and start working on action items
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164
3. Participate in membership and funding drive. Contribute towards IV during the holiday season.
4. Visit IV site regularly. If there is any news or campaign, we may announce it here and request members to help asap. If there is any update it will be put on IV site. We want to encourage members to visit IV site regularly and help keep it active
more...
qualified_trash
07-12 01:12 PM
Does your employer do all the work or the lawyer?
All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.
All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.
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Ann Ruben
01-21 08:41 PM
So, you are entitled to H-1 status through Sept. 2010. Most US consular officers would realize that the petition approval through Aug. 2011 is a mistake and either issue a visa valid only until 9/30/2010 or refuse to issue a visa until you obtain an amended petition approval with the correct validity date. If you do leave the US to go for visa stamping based on your current approval notice, there is a substantial risk that you will be stuck out for some time.
If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.
Ann
If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.
Ann
more...
dealsnet
12-17 12:43 PM
Usually I-485 processing time is 6-9 months. If your PD is current and filed before March 26 2009, you can call and find out your petition status.
I-485, EB visa processing time for TSC is showing as Mar 26 2009. is it going to be true or typo?
I-485, EB visa processing time for TSC is showing as Mar 26 2009. is it going to be true or typo?
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snathan
05-17 10:41 PM
You can say 'Yes', but it will trigger unnecessary questions from IO. I am not sure about the consequences. If I were you, I would say NO as its not full time course and not going to change the status to F1. I beleive you should say 'YES' only if you change to F1 visa in the future.
more...
kakatheeyudu
02-09 03:42 PM
Thanks for the info Kaushik. Is the same rule applies for EB2 with Masters?
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FireDrake101
05-22 03:30 PM
im not exactly sure what your asking.. tell me exactly what you want to know
more...
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ajju
03-21 07:22 PM
Hi All
I got a RFE on my Substitute 140 ( PD is 2005) where they are asking for 2007 tax returns which are not filed yet, applied for extension. 2005 and 2006 tax returns are good.
Can someone suggest me what to do in this situation.
Any suggestions or any format leters...etc
Please suggest
Thanks
Looks like "Ability to Pay"... So they need company's tax returns... 140 is company's document not yours... But you mentioned your 2007 tax returns being extended.. Are you the company??
I got a RFE on my Substitute 140 ( PD is 2005) where they are asking for 2007 tax returns which are not filed yet, applied for extension. 2005 and 2006 tax returns are good.
Can someone suggest me what to do in this situation.
Any suggestions or any format leters...etc
Please suggest
Thanks
Looks like "Ability to Pay"... So they need company's tax returns... 140 is company's document not yours... But you mentioned your 2007 tax returns being extended.. Are you the company??
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kumar1
01-29 04:01 PM
I can tell you only my plans -- I am planning to visit India for 1 week. My H1-B is valid till 2010 so I will use H1-B visa to renter at Chicago. Also, 1099 or W2, it does not matter. You can take either one.
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
more...
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payal_nag
02-26 12:44 PM
Hello All,
I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?
Any help will be greatly appreciaited.
Thanks
I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?
Any help will be greatly appreciaited.
Thanks
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r2d2
04-27 04:11 PM
Hello,
I have been a GC holder for the past two years. I obtained the GC through employment but lost my job 3 months ago.
I am planning to leave Boston, spend a month in Canada and relocate in CA when I return to the USA. I will be driving out of the US to Canada during the first week of May 2010, spending a month in Canada and then coming to California early June 2010 by plane with my LPR status.
I will use the on-line change of address tool before traveling to Canada to let the USCIS know of my new permanent address in California. I already have a place to live in California.
My questions are:
1) Should I expect to go through some problems at the airport when going through the custom?
2) Will they ask me if I am employed?
3) Should I let the USCIS know of my new permanent address just 10 days before I go to California, or earlier?
Any advice?
Thank you
I have been a GC holder for the past two years. I obtained the GC through employment but lost my job 3 months ago.
I am planning to leave Boston, spend a month in Canada and relocate in CA when I return to the USA. I will be driving out of the US to Canada during the first week of May 2010, spending a month in Canada and then coming to California early June 2010 by plane with my LPR status.
I will use the on-line change of address tool before traveling to Canada to let the USCIS know of my new permanent address in California. I already have a place to live in California.
My questions are:
1) Should I expect to go through some problems at the airport when going through the custom?
2) Will they ask me if I am employed?
3) Should I let the USCIS know of my new permanent address just 10 days before I go to California, or earlier?
Any advice?
Thank you
more...
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godbless
01-13 06:16 PM
:confused: I have another question concerning EAD. I have a valid h1 visa stamped on my passport till June 2007. I have EAD and AP as well. On my return from India last month the inspector at the POE did not let me enter on my h1 and instead asked me to use my AP. He stamped my I 94 as entering on AP but he did not cancel my h1. Now what status I am on? H1 or AP? My EAD is expiring on 23rd Jan 2007 so if I am no longer on h1 then would I have to come out of job till I get another EAD? Won't this make me go out of status? Please advise.
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mrdelhiite
07-23 11:10 AM
any suggestions ?
-M
-M
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iam_amit
10-02 12:17 AM
I need URGENT HELP!!
I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.
My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."
So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).
Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...
Laywers mistake i have to suffer....can I sue my laywer.
I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.
My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."
So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).
Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...
Laywers mistake i have to suffer....can I sue my laywer.
abhishek101
12-28 11:31 AM
Today I received email from my lawyer that my Perm was approved yesterday.
Here are the details:
Started preparing for Perm Late June Early July
Advertised on DOL website October 1st - Nov 30th
Paper Advertisements: October - November
Applied Perm Dec 13th
Approval received Dec 27th.
Good luck to all. :D
Here are the details:
Started preparing for Perm Late June Early July
Advertised on DOL website October 1st - Nov 30th
Paper Advertisements: October - November
Applied Perm Dec 13th
Approval received Dec 27th.
Good luck to all. :D
Pagal
01-24 05:13 AM
Hello,
In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.
In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.
If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck
In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.
In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.
If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck
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