intheyan
08-13 09:03 PM
Back log elimination..
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
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engineer
07-16 01:57 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
pointlesswait
02-13 10:06 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
is there anyway i can claim the entire 3000?
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nisthana
02-18 11:55 AM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
Is this going to affect my GC in anyway? I need some guidance here.
more...
ashoka
09-26 02:27 PM
Texcan,
Thank you.
Thank you.
Saralayar
05-21 07:59 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
Is it 120 business days or just week days?
Is it 120 business days or just week days?
more...
saxx
01-19 10:52 PM
Yeah man, trying to communicate with
blog.organa.ca
blog.organa.ca
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shana04
01-26 12:25 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
yes, that is correct
Can someone please confirm.
yes, that is correct
more...
milind70
04-06 12:55 PM
Can anyone please give me some suggestions..
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
In word from your situation yes you can qualify for the emergency situation
the below are the reasons VFS mentioned when i was going for revalidation
1.Returning worker
2. For attending a funeral
3. If some family member is seriously ill
But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
In word from your situation yes you can qualify for the emergency situation
the below are the reasons VFS mentioned when i was going for revalidation
1.Returning worker
2. For attending a funeral
3. If some family member is seriously ill
But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.
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Ram_C
11-14 01:43 PM
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
you are still on H1-B, EAD approval doesn't invlidate your H1-B status
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer
Thank you very much in advance.
Anci.
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
you are still on H1-B, EAD approval doesn't invlidate your H1-B status
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer
Thank you very much in advance.
Anci.
more...
dealsnet
01-13 10:13 AM
Six years is the time you spent in USA. Not from the approval date. If you take vacation and go out from USA, you can deduct that period also.
You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
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xyz2005
06-21 01:45 AM
Hi Gurus,
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!
All the best.
Best Regards
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!
All the best.
Best Regards
more...
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godspeed
01-26 12:10 PM
I moved to a different state with pending 485, however i paper filed AR-11.
My 485 apps had soft luds within couple of days.
Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
My 485 apps had soft luds within couple of days.
Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
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va_dude
12-11 03:39 PM
i guess you could travel when an EAD/AP is pending, not sure.
But i don't think there's any way for you to get back into the country unless you have:-
1. h1/h4 visa stamped, or
2. approved AP (with the validity period of AP covering your return date)
But i don't think there's any way for you to get back into the country unless you have:-
1. h1/h4 visa stamped, or
2. approved AP (with the validity period of AP covering your return date)
more...
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GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
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coopheal
11-07 06:51 AM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
more...
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windycloud
07-10 10:33 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
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CPUWiz
12-14 11:30 AM
There have been many issues with USCIS and three year degrees from Canada, India and the UK. If you want to fight this then you have to prove that your education is equivalent to a US bachelors which many of the degrees from some countries are. You cannot use experience towards adding credits to your degree when dealing with an I-140 like you can for a H1B visa. Two years equals an Associate degree - three year bachelors programs can be (and have been) proven to equal a US bachelors.
This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.
Sheila Danzig, Director
Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (toll free voice)
1.866.585.1409 (toll free fax)
1304 SW 160th Ave. #203, Sunrise FL 33326
This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.
Sheila Danzig, Director
Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (toll free voice)
1.866.585.1409 (toll free fax)
1304 SW 160th Ave. #203, Sunrise FL 33326
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rmutyala
07-13 01:15 AM
in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
and 'All of the Above' too ;)
and 'All of the Above' too ;)
jigsaw
02-19 08:30 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
sweet_jungle
10-13 02:28 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
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