surabhi
10-22 01:29 PM
I filed second set on August 16 as a insurance policy . ANd sure enough, I didnt actually got the checks cashed until October 13th. I am glad I didnt spend sleepless nights specially after 90 day window.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
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Refugee_New
01-26 07:56 PM
Folks,
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
cbpds
07-02 08:43 PM
You can file Motion to reopen
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hmehta
07-13 07:52 PM
All,
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
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sad_angel
05-18 02:09 PM
any answers please?
godspeed
08-20 09:50 PM
Totally agree on the information front.
Our stress levels will be in control if everyone of us knows their case status.
I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.
Our stress levels will be in control if everyone of us knows their case status.
I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.
more...
another one
11-02 11:25 AM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
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njdude26
07-12 01:39 PM
My case was closed in Error at the PBEC. My attorney had sent a letter saying this some months ago. Today my attorney informed me that there is some new procedure of re-opening cases that was closed in error using which he says he sent the information by email today.
Just thought will give you guys the info.
Just thought will give you guys the info.
more...
gimme Green!!
07-04 10:26 PM
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)
Good luck!!
Good Luck.
Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)
Good luck!!
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goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
more...
Bpositive
12-06 04:41 PM
Thanks guys...
btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .
"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
Trust the USCIS to make everything complicated!
Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.
btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .
"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
Trust the USCIS to make everything complicated!
Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.
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gc_kaavaali
07-09 12:19 PM
If you don't get your EAD renewal card you should stop working. Because it is illegal.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
more...
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Robert Kumar
01-02 11:25 AM
Hi,
Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.
Thank You,
Bobby.
Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.
Thank You,
Bobby.
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Hong12
12-14 12:29 AM
Thanks for a quick response. I checked with my lawyer, and he said that this petition letter is the one they sent to the USCIS, which got approved on the H1 Recapture. This petition letter has somebody else�s education, work experience and job duty on it. The application sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name on it. So, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. My lawyer does not give me any advices at all. Please advise what I should do for the interview at US Consular due to my petition letter, which contains somebody else�s background on it. Do I have to resubmit again? Will I get rejected? Are there any better options for me? Thank you very much.
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traveldoc
09-10 02:24 PM
Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?
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meridiani.planum
05-15 05:14 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
not to be too blunt, but:
http://gracefulflavor.net/2008/04/29/prayer-death/
prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.
So call representatives during the day:
http://immigrationvoice.org/forum/showthread.php?t=19113
and pray in the evening.
Until then Visa Bulleting is our best hope and source
Let us pray.
not to be too blunt, but:
http://gracefulflavor.net/2008/04/29/prayer-death/
prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.
So call representatives during the day:
http://immigrationvoice.org/forum/showthread.php?t=19113
and pray in the evening.
more...
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meridiani.planum
07-23 05:25 AM
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
IMO both are fairly decent places to work. I work in the bay area and Fremont is close by. Lots of tech companies here, so in general job market is ok. However cost of living is very high. Certainly more than pittsburg.
I think its a fairly close call, I would tend a bit towards the Fremont one only because I guess I am a bit biased to the bay area :)
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
IMO both are fairly decent places to work. I work in the bay area and Fremont is close by. Lots of tech companies here, so in general job market is ok. However cost of living is very high. Certainly more than pittsburg.
I think its a fairly close call, I would tend a bit towards the Fremont one only because I guess I am a bit biased to the bay area :)
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mp2007
07-31 02:36 PM
Hi Sportsguy,
Please consult a lawyer, you dont want her to land in trouble because you did not get the correct advice.
MP
Please consult a lawyer, you dont want her to land in trouble because you did not get the correct advice.
MP
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valatharv
07-16 10:54 AM
Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
Thanks for replying...
I have already renewed my passport in April 2010 and corrected father name ...
I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.
Thanks for replying...
I have already renewed my passport in April 2010 and corrected father name ...
I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.
needhelp!
08-30 05:33 PM
As IV grows up, we should have a hall of fame for folks like you who have shown continued support to the cause. I am here now because I am affected, but to be here after its all said and done, is greatness.
senthil
02-07 08:48 AM
folks - this is what ive been told.
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
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