Thursday, June 23, 2011

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  • i4u
    04-26 10:45 AM
    RFE can be issued to any person of any age. Until you know what the RFE was for, it is unlikely that anyone can help.
    But as you said, your entire family got it so the rfe must be something minor.





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  • Sai gc
    05-12 03:48 PM
    Thank you Joydiptac and prasanthi for your valuable replies.





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  • p_kumar
    10-26 01:51 PM
    how does AP look like?. is it like EAD or just a piece of paper.thanks:)





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  • manderson
    11-11 12:35 PM
    Don't count on it.



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  • stuckin140
    01-31 09:27 AM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.





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  • sac-r-ten
    11-19 08:29 AM
    USPS won't do it for ever. But GC will surely take for ever.

    They will do it for 1st 6 months. by that time you can change address on USCIS.



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  • alisa
    07-05 01:50 PM
    The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U.
    Did USCIS stop paying attention to EB-2 vs EB-3 classification?
    How about country limits? Did USCIS give India more than 3K visas?
    Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?





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  • brij523
    02-19 12:50 PM
    We got some member for the meeting. We need more. Please join for conf. call.

    Thanks



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  • Vic
    10-11 12:12 PM
    Hi everyone,

    I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.

    My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.

    I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.

    Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?

    What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.





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  • javadeveloper
    11-25 05:13 PM
    One of my friends got GC without any problems.He got substitution labor.

    Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.

    USCIS really rocks :D:D:D



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  • gc_on_demand
    01-05 12:44 PM
    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough

    there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..

    can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).





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  • kondur_007
    09-24 01:30 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.

    I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:

    THIS MAY BE A PROBLEM.

    When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).

    I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.

    Good Luck.



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  • nat23
    06-14 11:17 AM
    I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.





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  • calgirl
    08-12 06:19 PM
    Were these approved at NSC or TSC?
    Both are following this rule would be encouraging..

    Source:

    http://www..com/discussion-forums/i485-1/172162219/

    Posted by willcrack (74) 1 hour 51 minutes ago

    OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.

    And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).

    I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !

    so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...



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  • amsgc
    06-20 12:57 AM
    my knowledge is also limited...
    but from my J1 days this is what i understood:

    J1 is NOT a dual intent visa.
    All J1 have some requirements to fulfill before applying for GC
    For physicians it is a 2 yr Home requirement OR underserved area practice
    For researchers etc a No objection is needed from the home country for a waiver
    Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
    Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

    hope that's helpful.

    That helps, Paskal. Thank you for sharing your thoughts.

    Regards

    Ams





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  • sapota
    12-12 04:36 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.

    P.S : If you are an advanced degree holder born in India. Hahahaha.



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  • sheela
    08-22 08:27 PM
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)

    congratulations, Conchshell.
    I appreciate your postings which were helpful to many here





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  • Jaime
    09-18 10:16 PM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!





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  • bkshres
    05-11 01:11 PM
    I think as long as she is pending AOS status, she should be fine. But I don't think H4 will be eligible for FAFSA. But if you filed tax jointly and your income is good then she will not get FAFSA funding, HOWEVER, she will get FAFSA loan (subsidized and unsubsidized). Subsidized loan is loan you don't pay interest until you graduate.

    During FAFSA application, you need to submit I-94 and it will verify your status I believe. I have seen people getting FAFSA approval for pending AOS without any problem.

    I hope this helps. You can get more information from the college she is applying for.





    panky72
    06-20 03:01 PM
    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.

    I am also planning to do that. I think we can do that but I will clarify with my attorney next week.





    manish1905
    04-21 01:37 PM
    contributed small amount!!!!!



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