Raj Iyer
09-22 04:55 PM
Hi:
Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.
Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.
Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.
Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.
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vxg
08-15 01:24 PM
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
mmk123
05-01 03:04 PM
What do you mean by a line breaker? Porting from EB3 to EB2 by satisfying all eligibility criteria is exactly valid and lawful.
Our problem is not anyone who is porting but the bottleneck created by current immigration policies (which still function to pretend we are still in 19th century and inaction by congress over the years. Let's pursue congress to take our cause.
Our problem is not anyone who is porting but the bottleneck created by current immigration policies (which still function to pretend we are still in 19th century and inaction by congress over the years. Let's pursue congress to take our cause.
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number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
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bekugc
03-05 06:58 PM
pls respond... thanks ^L^
ss_col
08-21 12:15 AM
You are very eager to get an answer to make your case. Have you contributed?
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met3259
07-18 04:53 PM
heh..heh.. i guess you're wrong :cool:
my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing
so i can prepare myself mentally how long i have to wait for GC :o
No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.
Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system
Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing
so i can prepare myself mentally how long i have to wait for GC :o
No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.
Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system
Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
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yabadaba
10-17 01:25 PM
u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.
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tinamatthew
07-16 02:10 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Hmmmm .. what number did you call? I have a few questions I would like to ask them
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Hmmmm .. what number did you call? I have a few questions I would like to ask them
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agiyer
02-06 05:31 PM
Hello,
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
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wanaparthy
03-24 12:39 PM
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jotv
10-09 05:43 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
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prout02
08-13 07:49 PM
My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.
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RDB
12-21 11:03 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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pappu
12-05 03:21 PM
This weekend from 9 dec till 13 I will be in Indianapolis. So any local members that would like to interact with me for volunteer effort on the state chapter should contact me. himanshu at immigrationvoice.org and send your contact details. Based on the number of people that respond we can set up something.
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perm2gc
08-24 04:48 PM
I have similar situation and not sure whether I will be able to apply for H1B revalidation..
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..
My Views Are Personal..Consult Immigration Attroney !!!
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..
My Views Are Personal..Consult Immigration Attroney !!!
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jamesingham
05-06 12:23 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
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Green06
08-22 07:54 PM
We really need more friends like you. Following link is for Bus voting from MN. Please vote and let us know if you will be intrested to go to the rally by bus.
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Cheers:cool:
http://immigrationvoice.org/forum/showthread.php?t=12599
Cheers:cool:
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shadowbuddy
03-15 11:27 AM
What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
GC_1000Watt
10-12 09:58 PM
I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.
Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?
Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?
gccovet
02-17 05:04 PM
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
I was wondering the same thing. On other hand, I don't remember exactly where, read that as USCIS has updated their software, hence, FP's will not be required again. I may be wrong here, I myself, am interested to know if I need to follow up with USCIS after my jul-07 filing.
GCCovet
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
I was wondering the same thing. On other hand, I don't remember exactly where, read that as USCIS has updated their software, hence, FP's will not be required again. I may be wrong here, I myself, am interested to know if I need to follow up with USCIS after my jul-07 filing.
GCCovet
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