Kama Of Kingstone

I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.

if changing Employer is benificial to you in any way -- financially or peace of mind,, go for it,
save more and keep options open ...

DO NOT RELY ON GC PROCESS!!

This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.

USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D

The dates are retrogressed:

Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007

Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007


Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007

Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007

As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.

Come to the rally and we will no longer have questions. Only answers and solution to our problems if the rally is successful. We can do post mortem later when retrogression is dead. (pun intended)

Office of Communications
www.uscis.gov
July 17, 2007
Contact: Office of Communications
202-272-1200
USCIS Update
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the
Department of State that it would not authorize any additional employment-based visa numbers
for this fiscal year. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s
management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month�s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS

Guys, please consider contributing for sept rally............

I had an update on my 485 application today and its say's

On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Don't know what does this mean to my case and it is good or bad.

Does any one had been through this ?

Are there any specific links for complaining to these agencies?

Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.

you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.

I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.

Hi,
Can you share you EE copy with me? It will really help me to understand that on which basis your evaluation has done.. Either 13 years schooling and 3 year Bachelor equivelent to US Bachelor...

My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?

I just called Halifax and they told me that I am not eligible for Visa in Halifax,
eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.

I will cancel my appoint.

Thanks,
SG.

Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification

I am pretty sure $10,000 is limit while coming into USA. While going to India, the limit is much less, about Rs.12,000 or so (check with some Indian websites). I know, you need declare (for Tax purposes) if you carry more than this amount. I don’t know tax liability of this declarion. Also, the amount varies on the purpose and duration of abroad trip.

From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

GG_007

PS: Not a lawyer, just my personal opinion.



Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

Please advice

Hi Guys,

My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

Please Sugest

I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.

It is difficult to get H1b without client letter. Also many consulting companies stopped H1b because of RFE and denials. It is a good idea to try job to 2 to 4 more weeks.

Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.

Welcome to Hell brother... Hahahaha ;-) Chill
You can't be serious. Get up on your 2 feet, you are lucky you have IV now, Back in the day, we never had any support.

Be Proactive & prepare for the worst. That's the best advice, gleaned from experience, the best teacher.

Hi,

I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

How long will it take to clear labour?

Thanks for valuable suggestions

hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

I saw your profile. You are from Nepal.

As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

The only option is to go with the MTR and hope for the best.

By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

I will you good luck.



Gurus,

my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.

thanks,