kamand
01-04 11:41 PM
Hi,
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
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martinvisalaw
06-07 02:37 PM
I'm confused. I thought you said there was an RFE in your first post?
f1vlad
05-10 09:26 PM
Hi, I have strange situation, when I check status of my I-485, this is what I see:
http://i.imgur.com/8beDR.png
According to their site I've already should have received either approval or denial of Applicatio to Adjust Status (I-485).
So my attorney called customer support # and claims that service representative told her that it refers to something mailed other than approval or denial having being mailed.
Well, since my attorney couldn't figure it out, I decided to call myself today. In my case, customer service rep told me that she isn't allowed to tell me whether it was approval or denial, but she said that it must be either one of the two. She offered to send me a copy of what was sent on Sep 2007 as per this screenshot above. So now I have to wait up to 45 days to see what it is.
I am wondering if anyone else has seen similar thing happen.
By the way, my priority dates aren't current. I am still in backlog, hence I am not so optimistic this could be approval or denial. I am actually more afraid whether or not my paperwork got stalled or something and it'll now never get resolved because of according to their system the matter has been resolved.
Anyway, if anyone has any advice or ideas that'd be appreciated,
Thanks,
Vlad
http://i.imgur.com/8beDR.png
According to their site I've already should have received either approval or denial of Applicatio to Adjust Status (I-485).
So my attorney called customer support # and claims that service representative told her that it refers to something mailed other than approval or denial having being mailed.
Well, since my attorney couldn't figure it out, I decided to call myself today. In my case, customer service rep told me that she isn't allowed to tell me whether it was approval or denial, but she said that it must be either one of the two. She offered to send me a copy of what was sent on Sep 2007 as per this screenshot above. So now I have to wait up to 45 days to see what it is.
I am wondering if anyone else has seen similar thing happen.
By the way, my priority dates aren't current. I am still in backlog, hence I am not so optimistic this could be approval or denial. I am actually more afraid whether or not my paperwork got stalled or something and it'll now never get resolved because of according to their system the matter has been resolved.
Anyway, if anyone has any advice or ideas that'd be appreciated,
Thanks,
Vlad
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arundhati_datta
03-24 06:13 PM
EB 3 India..PD 03/24/2006. EAD approved-10/28/07; AP-01/09 , also same for the derivatives too..I-140 approved 09/13/2007, Also FP done..in OCT.
any update when can we get GC.
any update when can we get GC.
more...
jkamdar
04-17 01:02 AM
I have received the following 485 Rfe for my spouse and myself, I am posting the whole
text from RFE letter. Also USCIS has sent me a copy of the current I-693 Form which
was sent with our application as a sealed copy.
The reason I think for the RFE is because the civil surgeon I had used was in the list
of USCIS civil surgeons in 2007 but now he is no more in the list, hence as they touched my application now, the form need to be signed by a designed civil surgeon on the current uscis list. Has any one received an rfe like or similar to this.
Please suggest the best possible to resolve this one.
Request For Evidence
This office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to the above address. Include a copy of this letter and place the attached gold sheet on top of your documents.
A review of your file indicates that the medical examination(Form I-693) you submitted was not completed by a designated civil surgeon, and therefore this Service cannot accept it.
Please take the enclosed copy of Form(I-693) with this notice to the same clinic so that
the designated civil surgeon can review and sign the medical examination. A list of designated civil surgeons can be obtained by calling the USCIS National Customer Service Centre at 1-800-375-8253, or via the USCIS website at www.uscis.gov. You do not need to undergo the entire medical examination.Once this is complete, please return the amendend Form I-693 in an envelope sealed by the designated civil surgeon.
You must submit the requested information within thirty(30) days from the date of this letter(33 days if this notice received by mail). Failure to do so may result in the denial of your application.
text from RFE letter. Also USCIS has sent me a copy of the current I-693 Form which
was sent with our application as a sealed copy.
The reason I think for the RFE is because the civil surgeon I had used was in the list
of USCIS civil surgeons in 2007 but now he is no more in the list, hence as they touched my application now, the form need to be signed by a designed civil surgeon on the current uscis list. Has any one received an rfe like or similar to this.
Please suggest the best possible to resolve this one.
Request For Evidence
This office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to the above address. Include a copy of this letter and place the attached gold sheet on top of your documents.
A review of your file indicates that the medical examination(Form I-693) you submitted was not completed by a designated civil surgeon, and therefore this Service cannot accept it.
Please take the enclosed copy of Form(I-693) with this notice to the same clinic so that
the designated civil surgeon can review and sign the medical examination. A list of designated civil surgeons can be obtained by calling the USCIS National Customer Service Centre at 1-800-375-8253, or via the USCIS website at www.uscis.gov. You do not need to undergo the entire medical examination.Once this is complete, please return the amendend Form I-693 in an envelope sealed by the designated civil surgeon.
You must submit the requested information within thirty(30) days from the date of this letter(33 days if this notice received by mail). Failure to do so may result in the denial of your application.
sparklinks
09-16 03:27 PM
I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.
Good luck
Thanks, I will do that on 18th..took Infopass
Good luck
Thanks, I will do that on 18th..took Infopass
more...
yodamom
January 4th, 2005, 05:03 PM
It's a bit dark and I feel like it dead-ends at the doorway. I probably would've either walked forward a bit to get some of the road that looks like it's headed uphill (which would draw the eye in that direction) or I would've moved a little to the left to get a bit more of the road into the shot and show the hanging plant a little better. Moving a bit to the left might also have brought a little more light into the shot.
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meridiani.planum
05-30 11:33 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
more...
kirupa
02-24 03:35 AM
Hi Sam!
I am not too familiar with ASPX and Silverlight, but I'll take a shot at this!
Are you using the Silverlight control that is found in ASPX to insert your silverlight content?
Thanks,
Kirupa
I am not too familiar with ASPX and Silverlight, but I'll take a shot at this!
Are you using the Silverlight control that is found in ASPX to insert your silverlight content?
Thanks,
Kirupa
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kalia
07-10 10:51 AM
The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit, as previously mentioned on MurthyDotCom.
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.
For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.
Who is Covered by this Potential Class Action Lawsuit?
1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.
2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.
See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.
Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.
Thanks
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.
For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.
Who is Covered by this Potential Class Action Lawsuit?
1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.
2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.
See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.
Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.
Thanks
more...
lonedesi
07-27 12:07 PM
Anyone who knows about this issue, please respond
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seekinggc
06-19 02:29 PM
please reply..
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house #39;The Landmarks of London#39;
priya.r
12-24 01:30 PM
Hello,
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
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vullankib
06-29 04:09 PM
It will be renewal
more...
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jim
11-12 01:29 AM
Hi,
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
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samk32@gmail.com
06-13 06:39 PM
SBMallik thanks for the reply, as per your link it says,
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
more...
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solaris27
02-29 03:13 PM
If they will find out it can be problem .
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Pagal
04-06 05:48 AM
Hello,
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
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humsuplou
07-02 06:42 PM
Great! Thanks everyone!
raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
davidmaria
06-24 05:43 PM
Hi
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
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