jcrajput
10-02 11:11 AM
I will need to refile I485 application for myself and my wife. It was rejeted in error from USCIS. I have question:
Should I re-file with old fees or new fees? Any one can help me here?
My application was originally filed at NSC on July 2nd.
Thank you,
Should I re-file with old fees or new fees? Any one can help me here?
My application was originally filed at NSC on July 2nd.
Thank you,
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averagedesi
08-31 11:41 AM
I am not sure what you mean by there is no issue with my EAD.
Here is an excerpt from an USCIS FAQ
Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Here is the actual link to the FAQ
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD
So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.
Here is an excerpt from an USCIS FAQ
Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Here is the actual link to the FAQ
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD
So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.
dbevis
October 12th, 2003, 07:20 PM
Both of the following are about 500KB, so beforewarned...
I put a smaller beetle macro into the front-page gallery area, but here's a couple others.
1 Upclose and personal with a dandelion.
http://www.gotodon.com/misc/dandelion.jpg
2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.
http://www.gotodon.com/misc/holliday-ruins.jpg
I put a smaller beetle macro into the front-page gallery area, but here's a couple others.
1 Upclose and personal with a dandelion.
http://www.gotodon.com/misc/dandelion.jpg
2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.
http://www.gotodon.com/misc/holliday-ruins.jpg
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GCcomesoon
06-25 01:27 PM
Guys
Go to rite-aid & they are really cheap if you are looking to save some money.I went to Kinkos & the lady said it would cost around $65 for me & my wife ( 8 copies each ) , Now she herself suggested that I should save some money & try some other place like CVS, or Rite-Aid
I went to rite-aid & paid approx $15 for me & my wife ( 8 copies each )
Thanks
GCcomesoon
Go to rite-aid & they are really cheap if you are looking to save some money.I went to Kinkos & the lady said it would cost around $65 for me & my wife ( 8 copies each ) , Now she herself suggested that I should save some money & try some other place like CVS, or Rite-Aid
I went to rite-aid & paid approx $15 for me & my wife ( 8 copies each )
Thanks
GCcomesoon
more...
hariswaminathan
01-21 07:15 PM
If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
psaxena
06-30 01:13 PM
When I asked my attorney she said no you cannot.. thats what I quoted here.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
more...
chanduv23
07-08 06:10 PM
I am in New York, if any other New York members want to register, we can do it on the July 14th NYC drive.
2010 Happy Birthday Icing Sheets
nutakksa
08-20 07:38 PM
Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.
more...
GKBest
09-28 05:18 PM
The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.
Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:
Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:
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santa123
07-30 11:43 PM
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
Didn't you submit your education eval when you filed your 140?
Is this in addition to the one you sent?
Get proper eval done ASAP and send it out. Try one or two evals even. Course by course cld be waste of money.
Didnt you submit the W2 copies also?
Looks like this could be just a case of missing docs... Dont worry...
Good luck!
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
Didn't you submit your education eval when you filed your 140?
Is this in addition to the one you sent?
Get proper eval done ASAP and send it out. Try one or two evals even. Course by course cld be waste of money.
Didnt you submit the W2 copies also?
Looks like this could be just a case of missing docs... Dont worry...
Good luck!
more...
amsgc
06-30 07:26 PM
I like this thread - positive, reasonable, and makes sense.
hot dirty Disney princess
kaisersose
10-17 11:47 AM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
more...
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pmpforgc
02-08 11:08 AM
Thanks for your responses
I will check for Singapour Airlines deals.
Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.
Also as I understand AMSTREDAM does not require transit visa? is it true?
I will check for Singapour Airlines deals.
Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.
Also as I understand AMSTREDAM does not require transit visa? is it true?
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eb3_nepa
06-09 01:39 PM
When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.
I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.
I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.
I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.
I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.
more...
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roseball
10-08 06:32 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
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peer123
04-17 09:35 AM
In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
more...
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anilsal
11-09 09:17 AM
Why don't you do I140 via premium processing?
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speddi
08-24 02:08 PM
The scenario is
Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
2. Does the new PD need to be current for us to file for interfiling?
Thank you
Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
2. Does the new PD need to be current for us to file for interfiling?
Thank you
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gceverywhere
06-10 08:00 PM
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
prinive
03-14 02:40 PM
We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.
First from me 20% from whatever I get as rebate �
First from me 20% from whatever I get as rebate �
apb
09-11 02:47 PM
I also know one more with PD dec/03 and waiting
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