dilipb
01-31 05:32 PM
What I am asking is "what does processing date mean"?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
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eb3_nepa
02-18 11:17 AM
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
My point here is:
Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.
Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
My point here is:
Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.
Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.
bbct
02-16 01:53 PM
If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.
I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
Has anyone any experience with Canada/Mexico.How should I fix an appointment?
I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
Has anyone any experience with Canada/Mexico.How should I fix an appointment?
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smartboy75
09-29 03:43 PM
I wish...:)
But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.
She had an EAD when she was on L2, when I was on L1 before switching to H1.
When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.
May be that is why they may be waiving the fee ?? I don't know....my guess
But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.
She had an EAD when she was on L2, when I was on L1 before switching to H1.
When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.
May be that is why they may be waiving the fee ?? I don't know....my guess
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hivicks
04-07 05:02 PM
Thanks that helps!- so you filled the G-639 form and had to wait for almost 8 months to get a copy of the I-140 approval notice.
LostInGCProcess
02-11 04:09 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
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looivy
10-06 02:07 AM
Hi IV Team,
Excellent job building up this team of notable advisors.
Thanks.
Excellent job building up this team of notable advisors.
Thanks.
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waitnwatch
07-06 12:59 AM
I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
more...
RandyK
11-28 11:47 AM
I guess we have to keep all this in mind when we ask for a bill that would solve the retrogression problem. Solving one problem and getting into others and ending up in the same place does not make sense.
Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.
Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.
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eilsoe
10-16 12:11 PM
I must say, that Aeris of FF7 was my fav character...
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anilsal
10-05 04:55 PM
IV Core.
Another visual proof of your dedication to the cause.
Please continue the great work.
Another visual proof of your dedication to the cause.
Please continue the great work.
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aka
05-17 07:09 PM
Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
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bandhu
02-04 04:22 PM
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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komaragiri
08-10 12:05 PM
Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.
90 Days for receipts
200 days for AP notice
365 days for EAD
2920 days for GC?
This is not acceptable.
Let's support IV initiatives and get our applications moving faster.
90 Days for receipts
200 days for AP notice
365 days for EAD
2920 days for GC?
This is not acceptable.
Let's support IV initiatives and get our applications moving faster.
more...
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pragir
07-16 04:35 PM
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Is this possible?
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idesign
05-11 04:27 PM
kiwi is looking good ;)
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meda
05-13 08:40 AM
Just got response for my SR saying there is a RFE on my case and the letter is sent to my attorney. No update or no SLUD, LUD online. No RFE on spouse case but still waiting.
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kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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shar533
05-22 11:21 PM
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
sukhyani
12-20 01:00 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.
Wonder what is the Governor's stance on legal immigration?
Do you know if he has a website? We can look for his position on different issues on his website too.
Wonder what is the Governor's stance on legal immigration?
Do you know if he has a website? We can look for his position on different issues on his website too.
unseenguy
06-18 06:51 PM
It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.
I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .
Before answering something like this, you should know what you are answering.
I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .
Before answering something like this, you should know what you are answering.
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