VJDJ
08-14 09:07 AM
Hi,
I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.
I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?
I am confused and getting a little worried about this. Any advice will be appreciated.
Thanks.
I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.
I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?
I am confused and getting a little worried about this. Any advice will be appreciated.
Thanks.
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yumyum20
10-18 10:18 PM
I need help. I had filed 2 I-485 applications. I was thinking that my first application would be rejected due to the incorrect filing fee that I sent but they accepted and I already have a receipt number and fingerprinting appointment next week. The 1st receipt # was issued from the TX Service Center. Today I got the 2nd receipt # from Nebraska. I don't know what I should do? Should I contact the USCIS and withdraw the one in Nebraska. The problem was that I sent two applications because I thought they were going to reject my first one because I sent a $1010 check instead of the $395. Now they both cashed my checks. I doesn't really matter to me but my concern now is since I already have a fingerprinting appointment next week. What should I do? Will they reject both of my applications?
gc_chahiye
07-10 09:25 PM
october 02 EB3. You could be current this october itself!!
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saketkapur
01-23 07:43 PM
So now they have a backlog for updating processing dates......cool......
more...
shana04
05-18 05:47 PM
RFE's during I 485 - consolidated
I though it would be a good idea to start consolidating all the RFE's, so that people would have one thread to look at if at all there is any RFE
Note: If there is already a thread, admins please delete this thread
1. RFE on current employment and offer of proposed employment (description of position) and offered salary
2. Current address proof
3. Missing G325-A need to submit one (but I did send them initially)
4. Evidence that you maintained non immigrant status from the date of first entry till the date you filed your I 485
Thanks,
Shana
I though it would be a good idea to start consolidating all the RFE's, so that people would have one thread to look at if at all there is any RFE
Note: If there is already a thread, admins please delete this thread
1. RFE on current employment and offer of proposed employment (description of position) and offered salary
2. Current address proof
3. Missing G325-A need to submit one (but I did send them initially)
4. Evidence that you maintained non immigrant status from the date of first entry till the date you filed your I 485
Thanks,
Shana
nursekm
09-24 06:54 PM
Hello,
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
more...
ursosweet
12-10 08:48 AM
:confused:
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
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abhishek101
08-30 05:34 PM
I work for a Fortune 10 company ( I am FTE there) and have been working with them since 2001. Got my 4th 3 year H1b Extension in 2009.
I had the visit from USCIS officer few months back, she said that is it Random. She asked routine questions. In our company we have two titles a corporate title and a working title (one for industry and one for job) she was very understanding about that difference. She asked me for a salary slip, address for my HR and some routine questions for my job.
I did talk to my lawyer after that and she said that she has started hearing about that for our company and it is ok. It is nearly 3 months since then and I have not heard anything so I assume everything is ok.
Don't worry I was very unsetled to see the USCIS and it did take me few days to get over it, but everything should be ok.
I had the visit from USCIS officer few months back, she said that is it Random. She asked routine questions. In our company we have two titles a corporate title and a working title (one for industry and one for job) she was very understanding about that difference. She asked me for a salary slip, address for my HR and some routine questions for my job.
I did talk to my lawyer after that and she said that she has started hearing about that for our company and it is ok. It is nearly 3 months since then and I have not heard anything so I assume everything is ok.
Don't worry I was very unsetled to see the USCIS and it did take me few days to get over it, but everything should be ok.
more...
frostrated
02-09 10:29 AM
yes, your employer can file for a new H1B, but you will have to leave the country and get a visa to work on the H1B. An easier process would be for your new employer to take over the sponsorship of your GC by using AC-21.
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newbie2020
04-29 03:14 PM
I see only USCIS officials and State dept officials in the panel committee...
Isn't it ironic ....??
They would put their argument why increasing the visa numbers will not really improve their efficiency in processing like July fiasco
I am sure we can see the transcripts of this hearing. Not sure if it is going to be on C-span as well.
Isn't it ironic ....??
They would put their argument why increasing the visa numbers will not really improve their efficiency in processing like July fiasco
I am sure we can see the transcripts of this hearing. Not sure if it is going to be on C-span as well.
more...
ajay
01-25 11:05 AM
I would suggest you to call up USCIS and tell them about your situation. I am sure they will advice you to what to do next.
Good Luck.
Good Luck.
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seeking_GC
07-14 07:16 PM
Hi,
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?
I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.
Cheers!
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?
I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.
Cheers!
more...
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patiently_waiting
01-27 01:02 PM
USCIS releases new document
*Operation of the Numerical Control Process (http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf) (PDF) - Explains how immigrant visas subject to numerical limitations are allotted and the determination of cut-off dates for the Visa Bulletin.
The document is available in the regular Visa Bulletin Page
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
*Operation of the Numerical Control Process (http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf) (PDF) - Explains how immigrant visas subject to numerical limitations are allotted and the determination of cut-off dates for the Visa Bulletin.
The document is available in the regular Visa Bulletin Page
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
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sfxman
05-09 02:30 PM
Thanks!
Is your case number low?
Mine should be current in december/january if it follows same trend as this year...
Is your case number low?
Mine should be current in december/january if it follows same trend as this year...
more...
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Satrofu
12-11 01:19 AM
I received a RFE asking for evidence that could prove that currently I am on a non-immigrant status. I abandoned my F-1 status after I filled my I-485, and from what I knew you were supposed to have the corresponding status before you filled the I-485 but there was no need to still have it after you got the AOS.
My question is if there is a possibility that what the officer is asking for is evidence that proves that I HAD the F-1 status before filling the I-485 and if I abandoned it after filling it.
My question is if there is a possibility that what the officer is asking for is evidence that proves that I HAD the F-1 status before filling the I-485 and if I abandoned it after filling it.
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gsk0422
06-28 05:33 PM
My friend is filing for student visa(for masters) as her H1B is about to expire in september(already has 6 years on it). She has worked on different projects and even had part-time jobs but she couldnt find a company that can sponsor her H1b. She was also jobless for an year(last)...long story.....anyways.. She lives with her family but her parents cannot help her much cuz their green card application is still in process but she is above 35 yrs old. Now she cannot think of how to answer these questions on F1-Visa.
-Describe the events that led to your decision to study in the U.S.
�Describe your intention concerning departure from the U.S.
�Show evidence that establishes that you have a residence abroad to which you intend to return
She is from Pakistan and althu she has relatives there and plus her parents own a house(proof of her resident in PK that she can return to) too but you know how the situation is there and she wants to live with her parents. So how should she answer the above questions?
-Describe the events that led to your decision to study in the U.S.
�Describe your intention concerning departure from the U.S.
�Show evidence that establishes that you have a residence abroad to which you intend to return
She is from Pakistan and althu she has relatives there and plus her parents own a house(proof of her resident in PK that she can return to) too but you know how the situation is there and she wants to live with her parents. So how should she answer the above questions?
more...
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samrat_bhargava_vihari
07-09 10:14 AM
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hmehta
05-23 10:35 PM
Because if the person applying via EB based Green Card is married and if has children that many number of visas are used up when his application is approved, so even the petition was done for just 1 person, possibly, 2-3 unnecessary visas are being used up.
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shana04
01-22 10:57 AM
...it makes sense totally...
Thanks for supporting
Thanks for supporting
spicy_guy
09-29 07:53 PM
rubbing salt on wounds....good job. People are waiting from 2002 for Green Card and you're asking naturalization issues.
LOL! Its really painful. I understand.
But he is trying to find a solution to his problem. That's it! :D
LOL! Its really painful. I understand.
But he is trying to find a solution to his problem. That's it! :D
raysaikat
12-04 11:52 AM
I had a lot of emotional and financial distress upon my graduation and I didn't get to apply for OPT. What do I do?
I mean I know I need to go speak with the dept that handles intl students in my school?
But, like, any pointers or information to please assist me?
Any constructive information/help, will be useful!
Also, I am looking into getting into graduate school within the next yr to yr and half!
If you graduated 1 year ago and was no longer a student in this last year, and did not apply for OPT before graduation, then you are already out of status - your F1 status ceased when you graduated. Moreover, your I-94 most likely said D/S. So the I-94 covered your stay only during the time you maintained F1 status. So you have been accruing illegal presence time. 6 month of illegal presence would trigger 3 year ban on reentering US; and 1 year or more would trigger a 10 year ban.
The prudent thing for you to do is to go back to your home country, and come back with a proper VISA.
I mean I know I need to go speak with the dept that handles intl students in my school?
But, like, any pointers or information to please assist me?
Any constructive information/help, will be useful!
Also, I am looking into getting into graduate school within the next yr to yr and half!
If you graduated 1 year ago and was no longer a student in this last year, and did not apply for OPT before graduation, then you are already out of status - your F1 status ceased when you graduated. Moreover, your I-94 most likely said D/S. So the I-94 covered your stay only during the time you maintained F1 status. So you have been accruing illegal presence time. 6 month of illegal presence would trigger 3 year ban on reentering US; and 1 year or more would trigger a 10 year ban.
The prudent thing for you to do is to go back to your home country, and come back with a proper VISA.
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