krovvidiusa
09-03 09:36 AM
I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
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justAnotherFile
01-31 07:21 PM
...
prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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fromnaija
09-15 08:05 PM
It is possible if you have an I-140 approval for the EB3 labor certification. The procedure is that at the time of applying for the EB2 I-140 you would ask that you be accorded the earlier priority date of the approved EB3 I-140.
But since , in your cae, it would appear you did not file an I-140 for the EB3 LC, you are out of luck.
But since , in your cae, it would appear you did not file an I-140 for the EB3 LC, you are out of luck.
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sunny1000
11-10 11:37 PM
to be frank with you guys my friend have a good bank statment and business in his own country he wanna apply for a tourist visa and i recomended for him to have a hotels .... flight reservation but i am still confused about the purpose of the visit actually its not about the purpose its about his chance to get a visa he never been in the US never apply for a visa , dont have any relatives in the US he wanna try his chances to get a visa only ?????
thats all , any insight :confused:
All depends on convincing the consular officer that he will come back to India at end of the trip...
thats all , any insight :confused:
All depends on convincing the consular officer that he will come back to India at end of the trip...
ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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corleone
11-14 08:40 AM
Looks like Congratulations is in the order.
Can you share your data please?
Can you share your data please?
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number30
06-09 06:45 AM
My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011
No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011
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kirupa
04-22 05:01 PM
It looks really good :) Have you considered adding a monetary value for the stamp? If not, I'll add it up like this.
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satishku_2000
06-13 10:58 PM
depends on your PD?
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Ann Ruben
05-15 04:54 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
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badluck
07-31 12:58 PM
nothing yet
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sargon
09-22 10:22 AM
Soft LUD on pending I-485 on 9/19/08.
The Audacity of hope...
The Audacity of hope...
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greyhair
04-04 08:28 PM
Hi All,
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
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WaitingYaar
01-09 09:39 AM
Thanks for the info. Any thoughts on under what scenarios they issue request for an interview. And does this means that the case is further delayed, or they randomly pick cases for interview.
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sushilup
10-23 08:35 AM
Hello Guys,
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
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The7zen
02-06 11:08 AM
You are welcome. One more thing if its only B1 he cannot come in as B2 (Tourist Visa). Hope this helps. Cheers, Rayoflight
Thanks again Rayoflight...
just got this info from him, he has
Visa: R
Type/Class: B1/B2 ....looks like he should be fine.
-7Zen
Thanks again Rayoflight...
just got this info from him, he has
Visa: R
Type/Class: B1/B2 ....looks like he should be fine.
-7Zen
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uma001
04-15 09:15 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
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chanduv23
10-19 09:32 AM
Hi folks,
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
Yes, it is possible if you qualify for eb2 in the same company, lawyers can help you with it if you qualify.
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
Yes, it is possible if you qualify for eb2 in the same company, lawyers can help you with it if you qualify.
gc4vk
12-13 02:48 PM
Hello,
My wife is currently working on H1B, she was offer permanent position at the client she is working, she has to get on to EAD to take permanent position.
both my wife and myself got EAD's in Oct 07, my question is does she has to invoke AC21 to get on to EAD.
I am the primary candidate for our GC Process.
Thanks in Advance
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
My wife is currently working on H1B, she was offer permanent position at the client she is working, she has to get on to EAD to take permanent position.
both my wife and myself got EAD's in Oct 07, my question is does she has to invoke AC21 to get on to EAD.
I am the primary candidate for our GC Process.
Thanks in Advance
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
linklinklink
06-22 04:40 PM
Both my daughter and I have her old I-94 number on our new I-94s. They did not put my old I-94 number on my new I-94.
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