bkarnik
11-09 05:11 PM
Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...
USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"
Hope this helps.
USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"
Hope this helps.
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Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
lazycis
01-11 11:45 AM
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
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sreedhar
10-26 11:10 AM
July 2nd filer, checks cashed on 10/16, still online status not available.
My Checks Cashed on 10/10...Still Not available on USCIS online System.
My Checks Cashed on 10/10...Still Not available on USCIS online System.
more...
uslegals
11-11 07:07 PM
I would appreciate any advice whether E-filing is eligible for folks have I-485 case pending.
Thanks !
Thanks !
gchopes
11-05 01:41 PM
Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.
more...
div_bell_2003
01-09 04:42 PM
http://immigrationvoice.org/forum/showthread.php?t=18737
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
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Solong
07-21 12:53 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Thanks for your input.
Solong:confused:
more...
tnite
08-18 09:45 AM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
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cooldudesfo
09-10 11:57 PM
Hi,
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
more...
PD_Dec2002
08-27 05:00 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
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msyedy
01-10 02:06 PM
Hey BacktoSchool
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
more...
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desi485
11-24 05:48 PM
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
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backtoschool
01-10 06:30 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
more...
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HOPE_GC_SOON
07-19 08:43 AM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
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bluez25
07-22 06:03 PM
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
more...
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atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
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thadipalam
10-25 01:12 PM
Does anybody have an experience of Chicago/Waukegan office?
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jnraajan
03-20 04:46 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I brought up this fasting idea a few days back, but never gathered much support.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I brought up this fasting idea a few days back, but never gathered much support.
royjonny
06-19 12:35 PM
I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
subba
12-27 01:02 PM
I think it would better if we had a picture on the homepage that conveyed these points. That way most people will get the message even if they do not
spend time reading.
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
spend time reading.
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
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