ImmigrationAnswerMan
06-29 06:02 PM
Your B-1 visa does not allow you to stay in the US during the gap.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
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kartikiran
12-17 02:11 PM
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Thanks in advance for all your time.
Used NY POE. Arrived on July 5th with expiring AP on Sept 9th. No problems.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Thanks in advance for all your time.
Used NY POE. Arrived on July 5th with expiring AP on Sept 9th. No problems.
jonty_11
07-06 12:13 PM
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency’s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
and look at how they can work on a wkend when they actually want to prevent loads of applications hitting theeir doors....smart ppl I must say.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
and look at how they can work on a wkend when they actually want to prevent loads of applications hitting theeir doors....smart ppl I must say.
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shreekhand
08-06 11:14 PM
Some more data points to that calculation:
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
more...
rkdownload
08-17 12:28 AM
Marriege Certificate
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
sdrblr
09-04 01:39 PM
We received "Welcome email" no CPO email
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perm2gc
08-30 12:54 PM
questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
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GCSOON-Ihope
10-17 09:56 AM
Assuming I filed for I-485 before the retrogression mess.
Thanks!
A co-worker and I applied together at exactly the same time.
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:
Thanks!
A co-worker and I applied together at exactly the same time.
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:
more...
another_wei
05-05 06:07 PM
Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
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eadguru
11-06 08:34 PM
No FP yet. How can I contact USCIS regarding FP? Does I need to contact TSC or VSC?
Your help will be appreciated.
----------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
Your help will be appreciated.
----------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
more...
small2006
08-16 05:32 PM
I was told that "amending" H1B is the same as applying for a new H1B. Does this mean that I will get a new 797 approval and I would have to get a new stamping on my passport? I just got my passport stamped with a 3 year extension till 2009. I don't want to go thru that again if I can avoid it.
Thanks.
Thanks.
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Bytes4Lunch
04-09 04:37 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
more...
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BMS1
07-31 11:52 PM
It happened for my son's application. I did not even have a copy of the check at that time. I resent it with a new check (after retrogression set in) saying that it was their mistake. They sent it back along with the new check again saying no visa is available on the date of submission. Then I read some where in immigration-law website you need to mark it to certain officer (I do not remember exact wordings - check immigration-law archives around sep 2005). I re-sent it to that officer explaining everything again and it was accepted. My son's receipt date Sep 30 but the notice date was somewhere in Nov. due to all these correspondence.
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nozerd
11-11 11:03 AM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
more...
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ak_2006
06-21 03:37 PM
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
Please look :
http://immigrationvoice.org/forum/showthread.php?t=5353
Look this link for photo related information.
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
If possible, you can use AAA card for better/free photos.
But don't look for money, try to get best photos.
Please look :
http://immigrationvoice.org/forum/showthread.php?t=5353
Look this link for photo related information.
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
If possible, you can use AAA card for better/free photos.
But don't look for money, try to get best photos.
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bibs
07-26 10:11 AM
I havenot received the I-485 receipt yet , is it mandatory?
more...
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quizzer
10-11 12:43 PM
Vic,
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
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m306m
04-15 02:23 PM
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
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chandrajp
04-28 09:35 AM
You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible
bec
11-04 06:36 PM
Hey i was so happy to read that EB3 was current in your post, but got disappointed after i read your msg :(
I dont think we can change the title, the moderators have to change it !!!!
you can change it.
I dont think we can change the title, the moderators have to change it !!!!
you can change it.
freedom1
02-28 11:38 AM
CSPAN does not have it on their schedule yet.
It was/is broadcast on: http://www.capitolhearings.org/index.htm
Hearing room Hart 216.
Freedom1
It was/is broadcast on: http://www.capitolhearings.org/index.htm
Hearing room Hart 216.
Freedom1
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