arnet
10-26 02:34 PM
Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
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Munna Bhai
08-23 12:04 PM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
sukhyani
09-04 04:19 PM
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
What was the Approval date on your I140?
What was the Approval date on your I140?
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beemboy
11-16 06:12 PM
That is exactly what the senate has been doing. And the House too.
Nice one riva2005. :D :D
Nice one riva2005. :D :D
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amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
aadimanav
11-02 11:06 AM
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
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skv
08-30 05:09 PM
Congratulations, my friend! :)
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gcformeornot
05-21 04:30 PM
......
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pappu
01-14 07:24 PM
There is also a hearing scheduled for this
http://judiciary.house.gov/oversight.aspx?ID=403
This is all because people affected by it worked hard to get relief.
See the report from National Immigration Forum:
House Immigration Subcommittee to Hold Hearing on Naturalization Backlog
Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.
In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.
Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.
This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.
Sign-On Letter Regarding Naturalization Backlogs
The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.
http://judiciary.house.gov/oversight.aspx?ID=403
This is all because people affected by it worked hard to get relief.
See the report from National Immigration Forum:
House Immigration Subcommittee to Hold Hearing on Naturalization Backlog
Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.
In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.
Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.
This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.
Sign-On Letter Regarding Naturalization Backlogs
The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.
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bharani
04-28 03:46 PM
Some one please advice!!!!!!
Please go to the page http://immigrationvoice.org/forum/index.php
Select the forum and post a new message using Forum Tools.
Good luck.
Please go to the page http://immigrationvoice.org/forum/index.php
Select the forum and post a new message using Forum Tools.
Good luck.
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jediknight
03-26 01:57 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
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singhsa3
10-21 06:42 PM
All,
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
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chanduv23
10-01 03:23 PM
^^^^^^^^^^^^^
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kondur_007
09-08 03:44 PM
Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)
What a pain....
If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.
Good Luck.
What a pain....
If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.
Good Luck.
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eb3_nepa
04-23 11:50 AM
What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?
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pd052009
09-13 02:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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senk1s
05-07 12:42 AM
there is a new medical form / procedure that went into effect May 1 ...but that is only for tests done after that date.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Better to wait for it and see what they are asking for
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Better to wait for it and see what they are asking for
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snowshoe
11-27 03:10 PM
Quite a few cases seem to have been approved by both TSC and NSC in the last two weeks.
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lazycis
12-21 06:53 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
saimrathi
07-02 06:00 PM
There is hope....
Was this your case? Did you get approved in two months? Whats your PD?
Was this your case? Did you get approved in two months? Whats your PD?
cbpds
08-06 02:09 PM
Its a massive hit even to some staffing comps here
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