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gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
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Hermione
09-20 01:42 PM
And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
shreekhand
08-28 04:42 PM
Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
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gc_on_demand
09-19 10:54 AM
Hello All
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
more...
desi3933
03-19 11:14 AM
Is it still possible to transfer your H1B to another employer
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
PresidentO
02-07 12:37 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
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bluekayal
11-02 11:23 AM
Ellen D. Krengel
Practice Limited to Immigration & Nationality Law
3301 El Camino Real, Suite 220
Atherton, CA 94027
phone:650-363-2363
fax: 650-363-2373
email: eKrengel@yahoo.com
Practice Limited to Immigration & Nationality Law
3301 El Camino Real, Suite 220
Atherton, CA 94027
phone:650-363-2363
fax: 650-363-2373
email: eKrengel@yahoo.com
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rajpatelemail
01-15 06:40 AM
Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
more...
coopheal
11-05 04:36 PM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
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RDB
12-03 11:22 PM
Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
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aadimanav
12-11 03:54 PM
Thanks for everyone who replied.
What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?
Any experience holder?
Thanks,
What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?
Any experience holder?
Thanks,
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chanduv23
07-10 08:52 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
I 9 form does have i 766 as valid entry.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
I 9 form does have i 766 as valid entry.
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whoever
07-20 01:59 PM
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
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howzatt
07-18 10:56 AM
Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...
one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.
Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!
Can you pls help 'convince' people to contribute...
one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.
Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!
more...
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jskumar
09-05 10:33 AM
I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.
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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.
more...
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singhsa3
08-22 10:08 PM
They are still good but they are direct to IO desks at NSC. I did not want to start barrage of calls to them. What I can do is I can PM you the numbers. You had been a contributing member and I would happy to tell you what I know. But please exercise your judgement....
You had some numbers there, are they not good anymore?
You had some numbers there, are they not good anymore?
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vaishnavilakshmi
09-27 03:49 PM
Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
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cheg
08-14 06:26 PM
Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
Anders �stberg
November 21st, 2005, 10:50 AM
EDIT: The pictures seem to have moved since I voted. Now I like #4. :)
krishnam70
02-27 02:03 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
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