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  • james_bond_007
    12-07 02:21 PM
    My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.





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  • sunnymit
    08-10 02:11 PM
    Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
    "
    Under the Hindu Marriage Act:

    Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."

    Hindu marriage registration in India is fine. I was wondering how would one get it registered here in US. I would think you would have to marry here to get it registered. Right?





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  • desigirl
    01-28 10:56 AM
    Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!

    Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)





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  • EndlessWait
    06-29 10:53 AM
    Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?

    YES ITS MANDATORY...now go jump off from whatever table ur sitting on.



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  • gcquest
    07-17 06:09 PM
    Way to go IV, A million thanks for the news U R the best





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  • addsf345
    01-01 02:11 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree

    Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

    My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.



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  • ramaonline
    01-02 01:40 PM
    Note that USCIS has introduced bispecialization because of which all I140 employment based petitions must be sent to NSC for processing.
    With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .





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  • pd_recapturing
    08-14 10:45 PM
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.



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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.





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  • forever
    07-27 02:41 PM
    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
    Good Luck.

    I would go ahead with this option.



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  • widad2020
    08-11 09:21 AM
    Pd 5/2006 ; Eb2-I; I-140 Approved NSC





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  • dealsnet
    07-27 02:03 PM
    Since you are in tight spot, you need to consult good and experienced lawyers.
    Do not go to an ordinary lawyer for this.
    Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)



    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.



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  • roseball
    03-27 10:50 PM
    I would suggest to check the validity (start/end dates) of the LCA that was submitted along with your H1 petition. Also, check on the I-129 petition if your attorney entered correct dates or the dates on the LCA/I-129 match the dates approved by the USCIS.





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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.



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  • Hinglish
    06-13 12:22 PM
    Not to derail this discussion ...but the post below is classic hinglish !! :D

    When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.

    Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.

    Try simple question - name check is cleared or not?





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  • asekhon
    10-30 09:33 AM
    yup,
    I got the same emails and same message update. I applied for 485 in June 2004 with a priority date of 04'2003.



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  • chanduv23
    05-04 04:37 PM
    ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?

    Just imagining what the details of the RFE could be?





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  • clockwork
    07-18 09:52 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.

    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -





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  • sreenathm
    10-11 09:11 AM
    :confused: I got very anxious when my co lawyer told me that I got a query from INS.

    I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.

    Company lawyer told me to produce all my paystubs ever since I started to work in US.
    I am wondering will this cause any issue. Is this a normal procedure ?

    Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com

    Thanks,

    Sreenath





    raminmd
    08-14 06:04 PM
    Hi guys, thanks for the replies...that is a touch reassuring

    I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?

    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.





    uslegals
    11-05 02:42 PM
    My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
    " Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?