Matloob
08-30 02:28 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
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crystal
07-08 03:12 PM
I have not done it recently for h1b ,but i did it for my parent visitor visa from india chennai consulate.
I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
Better_Days
10-05 05:08 PM
There is silly. Then there is stupid. Which is followed by idiotic. The natural successor of which is retarded. Which is followed by USCIS!
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JAFO
04-15 11:06 PM
Well, I finally got a hold of an actual human on the main USCIS number. They confirmed only that the office is open on Fridays for appointments. That means I am hitting the road to Milwaukee.
Thanks for the help. I determined that the website has different info for ASC and what is called the Field Office. Unfortunately, it's not clear and led to my confusion. Hope it all works out. Thanks again. JAFO.
Thanks for the help. I determined that the website has different info for ASC and what is called the Field Office. Unfortunately, it's not clear and led to my confusion. Hope it all works out. Thanks again. JAFO.
more...
Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
bsrik77
08-01 01:09 AM
I got a response from my lawyer too and he said that there are no issues with this - she can change her job without a problem. Thanks everyone for the responses.
more...
what_now
02-27 04:39 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
?
Thank you very much.
?
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zico123
06-18 02:32 PM
:confused: my receipt number starts from EAC... does that mean my service center is vermont? after i got the below status online i have not recevied any response and my lawyer says he has not received anything.. shall i go ahead and take appointment in August/Sept or should i wait ?
congratulations! Looks like your application for H1 is approved. But wait till you get your I-797 approval notice to schedule your Consulate interview. Best of luck!
congratulations! Looks like your application for H1 is approved. But wait till you get your I-797 approval notice to schedule your Consulate interview. Best of luck!
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kalia
07-10 10:51 AM
The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit, as previously mentioned on MurthyDotCom.
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.
For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.
Who is Covered by this Potential Class Action Lawsuit?
1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.
2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.
See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.
Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.
Thanks
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.
For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.
Who is Covered by this Potential Class Action Lawsuit?
1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.
2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.
See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.
Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.
Thanks
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greenmonster
11-19 08:31 AM
Got my NC Driv License after 6 weeks. Issued based on EAD.
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h1bjava
03-14 12:26 PM
Gurus Please take a moment to answer my previous question. Thank you.
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CADude
04-03 09:39 PM
Me and spouse sent the seperate letter to WH and copy to IV. No response so far from any place.
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ImmiUser
11-30 05:17 PM
Hi,
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
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vaishnavilakshmi
06-22 11:20 AM
Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?
Thanks
Yes,
Yes u need to submit only scanned copies/photocopies to uscis along with i-485.And keep originals with u.U might be asked to show the originals only at the time of interviews and also incase if they have sent u any RFE.
I too submitted the scanned copies as per my lawyer's instructions.
cheers,
vaishu
Thanks
Yes,
Yes u need to submit only scanned copies/photocopies to uscis along with i-485.And keep originals with u.U might be asked to show the originals only at the time of interviews and also incase if they have sent u any RFE.
I too submitted the scanned copies as per my lawyer's instructions.
cheers,
vaishu
more...
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Jiruharudo
04-17 09:40 AM
..I'd wish I had bacon. o-o
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rbharol
08-05 10:52 AM
http://www.whitehouse.gov/infocus/immigration/
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Michael chertoff
03-09 08:18 PM
Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,
MC
MC
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ozz232
09-07 04:38 PM
Hi,
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
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cr52401
10-03 08:07 AM
Forgive me if you already saw that. I did not find it in this forum and it is very good article.
http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml
http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml
va_dude
10-07 01:30 PM
also found this on the net:
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
masti_Gai
01-10 03:28 PM
I mean the PD dates moving...;)
Let the PD dates move and give us some relief;)
Let the PD dates move and give us some relief;)
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