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Sunday, June 19, 2011

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JP McMahon

November 23rd, 2004, 11:01 AM

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485Mbe4001

03-28 04:34 PM

Can you make the PD field numeric, sorting will be easier.

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MAEB2TR

09-04 10:42 AM

I heard that too. If your attorney feels confident, then proceed with the filing.

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gc_rip

07-09 10:02 PM

Hi Ann,

Appreciate your help, and this is more than useful for me.

"To make sure that USCIS does not find that you have abandoned your
AOS application you should maintain the validity of your Advance
Parole if at all possible."

I have another related question.

1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?

2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?

Thanks,
Raj

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WaitingForMyGC

02-24 04:19 PM

Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.

Dude, Are you planning to marry an american citizen? :-)

Just kidding..

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indyanguy

08-03 12:05 PM

I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

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GCard_Dream

04-05 06:18 PM

I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?

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coolest_me

05-08 12:34 AM

I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.

Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.

Please suggest how we can handle the Medical RFE ?

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nihar

11-21 04:08 PM

if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess

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sukhwinderd

08-22 02:54 PM

http://www.immigrationportal.com/archive/index.php/t-135211.html

Date

Motor Vehicle Commission
RSS Site Name
RSS Site Address

I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if , ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162

Sincerely,

Signature of
individual certifying
the information

Print Name & Title

i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),

also, as i said your lawyer might have to call there supervisor, they might not listen to you.

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krishmunn

03-29 07:21 PM

This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485

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raysaikat

07-12 01:01 PM

Situation:

Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.

Want to work with company B part time,but need to file another H1-B part time.

My question is:

Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.

You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.

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krishmunn

03-04 12:31 PM

do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.

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swede

08-23 11:41 AM

USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.

I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?

The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

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indianabacklog

07-26 02:54 PM

This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.

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doesntmatter

05-20 05:21 PM

Background:
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

FURNISHED THE COPY OF THE H1-B PETITION in my response.

Denial Notice was sent out today (have not received it yet).

Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;

If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?

How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.

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sodh

07-27 04:39 PM

Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
Sorry for answering out of turn,
Allien# none, that is if you dont have it, this dose'nt matter.
Petetion # will be your I-140 number, that is if you have applied for one,

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days_go_by

09-11 10:59 AM

After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
-----------

This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.

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CatsintheCraddle

05-04 05:07 PM

Oh, by the way, I did not file for I-140, I went filed I-130 based on marriage to a US citizen. Thanks for the link but I couldn't find anything on my kind of case.

xbohdpukc

03-15 05:17 PM

As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.

As per Adjudicator's Field Manual:

If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.

You can always hope for the best and get ready for the worst.

Ram_C

11-19 06:16 PM

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and pending.

On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

Thanks in advance.

I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.

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Sunday, June 19, 2011

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