ALLYYU
08-16 10:13 AM
Does anyone have any idea what the code stands for.
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
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Blog Feeds
02-08 06:10 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
harish
08-16 09:50 AM
Please update on who received their FP notices:
Application was mailed on 06/25/07 to NSC, but my case got transfered to TSC. My receipt number begins with SRC....
485 RD: 06/26/2007
485 ND: 08/06/2007
FP ND: Waiting..........
FP Date: Waiting.........
Application was mailed on 06/25/07 to NSC, but my case got transfered to TSC. My receipt number begins with SRC....
485 RD: 06/26/2007
485 ND: 08/06/2007
FP ND: Waiting..........
FP Date: Waiting.........
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ski_dude12
09-24 06:44 AM
What was the reason for rejection (both times).
more...
bb8185
06-05 05:23 PM
[QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.
Thankyou
Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.
Thanks again
Thankyou
Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.
Thanks again
snelakan
07-04 09:32 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
more...
yestogc
07-02 09:52 PM
Once you use EAD, you cannot go back to H1B.
Also I did not understand what you meant by :
"But need to bring my spouse in few months on H4"
Also I did not understand what you meant by :
"But need to bring my spouse in few months on H4"
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trueguy
08-10 02:10 PM
As I said earlier, i don't know how to add more options to this poll. If you know then tell me the options and I will add more options for EB3-I till date or may be for future dates if you like that.
more...
krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
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immi_seeker
09-28 06:41 PM
After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
more...
GCSOON-Ihope
06-14 04:57 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
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anilsal
01-28 12:25 AM
What about others?
Ready to file your EAD/AP renewal? :cool:
Ready to file your EAD/AP renewal? :cool:
more...
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BornConfused
07-03 11:04 AM
Texas service center. I think they move much faster than Nebraska.
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seekerofpeace
09-10 11:42 PM
You are either unmarried or Divorced....Absolutely kidding :)
more...
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willigetgc?
05-04 10:15 AM
Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?
You can find the answer here:
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
You can find the answer here:
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
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sats123
03-12 08:00 PM
Thanks for reply and suggestions.
I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.
Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.
I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.
Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.
more...
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sanju
01-26 02:12 PM
Lonjourney,
Any update, what did your lawyer say? What did you end up doing?
Any update, what did your lawyer say? What did you end up doing?
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anilsal
01-28 12:25 AM
What about others?
Ready to file your EAD/AP renewal? :cool:
Ready to file your EAD/AP renewal? :cool:
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amsh
08-22 04:01 PM
Hi there,
Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.
Note: Still I am working for the same sponsered employer.
1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
-both applications are independent of each other
2. What happens to my EB3 processing if my EB2 got rejected for some reason?
----it remains valid
3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
---No risk
4. What all the requirements filing EB2 for converting from EB3?
------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
I would really appreciate your answers.
Thanks,
Matt.
Hi Matt
Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.
Note: Still I am working for the same sponsered employer.
1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
-both applications are independent of each other
2. What happens to my EB3 processing if my EB2 got rejected for some reason?
----it remains valid
3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
---No risk
4. What all the requirements filing EB2 for converting from EB3?
------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
I would really appreciate your answers.
Thanks,
Matt.
Hi Matt
Ram_C
11-19 07:59 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
milind70
04-01 05:58 PM
Folks,
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps
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