ArunAntonio
11-22 11:59 AM
I have just emailed CBS and highlighted the plight of the likes of us. I also made it a point to differnetiate the H1b issue and our issue.
On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*
On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*
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SandeR2
03-23 03:15 AM
Hey i dont see my entrie in the list :( or do I need to submit it as a new piece.
boogie2007
04-15 07:46 PM
can we change from regular 485 processing to consular processing may be this is fast i dont know but is it a good idea for those who are stuck in name check ? its finally 180 days past from name check, but whenever i contact IO now they say a new release came out from USCIS & FBI which mentions name check for >180 days will be done by Feb2009 , who knows by that time priority date will be current ? and if priority date is current then no guarantee if job is current.................. ?:confused:
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smuggymba
10-06 04:06 PM
My friend (same person as ronhira, same tone and lang always...anyway)
I'm from india just in the process of starting my labor on H1-B for the alst 4.5 years. You say I'm an anti-immigrant....based on what? I can't waste my time with you.
Please have fun in issuing toll alerts. ppl like me will still respond if I can help. I have received tremendous help from here and other forums also and I will reply if I can asnwer any question. Have fun.
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
I'm from india just in the process of starting my labor on H1-B for the alst 4.5 years. You say I'm an anti-immigrant....based on what? I can't waste my time with you.
Please have fun in issuing toll alerts. ppl like me will still respond if I can help. I have received tremendous help from here and other forums also and I will reply if I can asnwer any question. Have fun.
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
more...
desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
rsharma
07-23 09:49 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
more...
sabr
09-19 05:39 PM
meaning I can work for company B now and even though my h1b renewal approves with company A? then when I feel like I can go out and reenter before the h1b renewal period ends?
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Ramba
10-08 08:14 PM
Once a person accepts employment using EAD, he/she gives up non-immigrant status. Next time, when he/she applies EAD renewal he/she must write the present "immigration status" in the renewal from. That time he/she can not write "H4", while working on EAD.
Similarly, when working on EAD, you can not apply for H4 extension. All your" A" number indicates what status you are in to USCIS.
Similarly, when working on EAD, you can not apply for H4 extension. All your" A" number indicates what status you are in to USCIS.
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Leo07
02-01 03:03 PM
Good luck!
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monkeyman
02-26 11:04 PM
Have your 485 checks been cashed? You really need to start following up - if you went through a lawyer, check with the lawyer. If not, tell the lawyer to give you a status on the receipt notice.
more...
suren26
07-24 12:40 PM
Thank for reply.
I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
Received the I140 appeal receipt waiting for I485 appeal receipt
I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
Received the I140 appeal receipt waiting for I485 appeal receipt
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
more...
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hope2007
04-15 11:46 AM
changing job location...
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shsk
07-16 11:40 PM
thk u very much
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b2visahelp
06-15 11:17 PM
which country are you from?
Indonesia
Indonesia
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amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
more...
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Kevin Sadler
May 23rd, 2005, 05:17 AM
Gary, they're all good. The sky and clouds in the first one are spectacular. You could lose that tree and all the scrub in the front and have a strong image with just the sky and those hills.
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rockets12345
10-31 05:50 PM
yes california service center didn't accept my H1B extension application and returned back saying we have to file it in Vermont Service Center that's what my Attorney told me if he is not lying. But the good thing is my EAD shows 10/10/2007 start date and my H1B expired on 10/11/2007.
But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485
But lesson learnt is never hire cheap lawyers most of the time they don't know anything.
Thanks
But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485
But lesson learnt is never hire cheap lawyers most of the time they don't know anything.
Thanks
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clifford
02-02 06:30 PM
A good business man cares only about profit. Recently US announced that it will be selling arms to Pakistan and few days earlier it had announced that it will be selling billions worth of Arms to India.I think USCIS approved all the 65 K H1b applications in the current quota and now officials at the air port will be kicking back Indians at the port of entry. Creates good business for USCIS, shows airport officials are enforcing laws probably they need to hire more people and creates business for airliners etc, all seem to be benefiting a little bit.
H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.
H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.
nagio
01-08 07:31 AM
Six weeks it is. Sorry I said 7 weeks.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
abhijitp
11-16 06:44 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
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