slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
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Life2Live
09-07 01:06 PM
Use the following link to see USCIS Application and Receipting Update
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Steve Mitchell
December 24th, 2003, 11:19 PM
Black and white does look more "timeless"
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crystal
08-14 01:51 PM
Keep Visiting IV
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
more...
GCBy3000
01-10 10:06 AM
Can we make use of this town hall meeting? Any Idea?
http://www.aila.org/content/default.aspx?docid=20340
Town Hall meetings are an excellent chance for you to show your Members of Congress that positive immigration legislation is a priority for their constituents. Check this calendar so you don't miss these opportunities to ask your legislators for their positions on immigration, and tell them yours!
http://www.aila.org/content/default.aspx?docid=20340
Town Hall meetings are an excellent chance for you to show your Members of Congress that positive immigration legislation is a priority for their constituents. Check this calendar so you don't miss these opportunities to ask your legislators for their positions on immigration, and tell them yours!
glosrfc
11-10 06:47 PM
What is a food coma?
It's what you get when you see the bill for three people in a Thai restuarant.
It's what you get when you see the bill for three people in a Thai restuarant.
more...
Jayakamal
12-22 04:15 AM
Dear Thambi,
Thanx Very much for the advice.
Hope it would help.Keep up the good job.
Great Site & Great Suggestions Too..
Thank U
Jayakamal
Thanx Very much for the advice.
Hope it would help.Keep up the good job.
Great Site & Great Suggestions Too..
Thank U
Jayakamal
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eastindia
11-12 09:53 AM
Is Dream act more important than fixing the economy in lame duck session?
No wonder Democrats lost the elections.
No wonder Democrats lost the elections.
more...
ca_immigrant
02-05 01:41 PM
Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
hair The Golden Temple of Amritsar
inskrish
02-12 07:02 PM
Hi all,
Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......
Thank you in Advance..
Thanks,
Raj
Hi,
Check here for the procedures to renew you son's passport: New Document (http://www.cgihouston.org/PassportMinor.html). I assume your son is an Indian citizen.
Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......
Thank you in Advance..
Thanks,
Raj
Hi,
Check here for the procedures to renew you son's passport: New Document (http://www.cgihouston.org/PassportMinor.html). I assume your son is an Indian citizen.
more...
BharatPremi
03-06 10:25 PM
Guys,
After a long time I am logging into IV board. It was difficult period. Moved from TX to VA During January start. It took long to get me a good "matching" job and had to move on EAD. Sent the "proof of employment letter" to lawyer for AC21 notification.
- BharatPremi
After a long time I am logging into IV board. It was difficult period. Moved from TX to VA During January start. It took long to get me a good "matching" job and had to move on EAD. Sent the "proof of employment letter" to lawyer for AC21 notification.
- BharatPremi
hot Golden Temple Amritsar
martinvisalaw
06-05 05:13 PM
SEE MY ANSWERS BELOW IN CAPS.
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?
YES
if so, will the priority date be same or it will be new once converted to F1 category.
IT WILL STAY THE SAME.
2. Can I apply for both family based and employment based in parallel?
YES, THIS IS COMMON.
if it is not possible which path should I select? Will the employment based GC will be faster of family based?
FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?
YES
if so, will the priority date be same or it will be new once converted to F1 category.
IT WILL STAY THE SAME.
2. Can I apply for both family based and employment based in parallel?
YES, THIS IS COMMON.
if it is not possible which path should I select? Will the employment based GC will be faster of family based?
FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.
more...
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sush_ghose
04-06 12:22 AM
the search doesn't yeild any results from immigrationvoice.
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smuggymba
10-13 10:49 AM
Can someone work in US on H1B and in India for an Inidan company and get paid in Inidan currency? If H1B restricts you from doing so I am willing to switch to EAD if that permits me from working remotely for indian company.
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
more...
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HeeKwan
07-28 05:16 PM
It had been approved on 5/5/2010.
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miguy
11-02 03:22 PM
My labour was filed for a software engineer position (java, udb, etc) 3 years ago. Over that time, my role has changed to a project manager. Infact I don't do any coding anymore. If I invoke AC21 after 180 days, can I switch to a Project Manager position?
thanks,
thanks,
more...
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sunny1000
02-07 01:23 PM
I filed my I-485 in July 07 at Nebraska service center and my wife had her finger printing done a month or so ago but I am yet to get the notice. Is there some number I can call and check. My Lawyer is very uncooperative in this case.
please call the USCIS customer service number. Search the forum and you will find a lot of threads regarding this.
please call the USCIS customer service number. Search the forum and you will find a lot of threads regarding this.
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Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
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boreal
05-14 12:27 AM
TSC is not processing most EB3 I485. This is not supposed to be revealed publicly. It is wrong, so that's why I'm speaking out.
If you are really an undercover USCIS officer, then you can blow the whistle on USCIS illegal (supposed to be) operations...you will have the whistle blower protection offered by the US Govt...
If you are really an undercover USCIS officer, then you can blow the whistle on USCIS illegal (supposed to be) operations...you will have the whistle blower protection offered by the US Govt...
RandyK
03-27 02:46 PM
Guys,
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
english_august
08-20 11:59 PM
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