Ramba
01-03 03:57 PM
USCIS process 485 based only on received date of 485. They dont consider PD, country of chargability, immigration class EB1 or EB2 etc, when processing/reviewing your file..
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
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cool_guy_onnet1
02-12 08:41 AM
No FP Yet, July 22nd Filer. I tried CSR # few times and finally got hold of someone who was kind -enough.
According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.
Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.
Hope this helps-
According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.
Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.
Hope this helps-
Krilnon
11-10 10:31 PM
I suspect that you're fine because it's still the 10th (and it'll be the 10th for a few hours more in Kirupa's timezone)!
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rock581
07-18 09:08 AM
Great replies. Thank you all.
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
more...
hdos
06-11 09:31 PM
Hi,
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.
for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.
after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.
for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.
after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.
Vishal2007
02-04 06:30 PM
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
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sanjay02
12-08 01:24 PM
Hi
Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com
Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com
2010 I Miss You Dad
glus
07-17 04:46 PM
Guys,
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
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gsvisu
07-15 06:26 PM
I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
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pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
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hopefull
05-25 01:58 AM
No need to be scared of CIR. Even CIR is passed in current form US will reward right people those who are ready to take challenges. Make note of people who came for study in 1970 to 1995 How did they survive and overcome lot of issues. Those who want to get greencard on arrival has to forget and pack the bags. Those who has patience and work hard will get all including gc. There is always a way.
Dude since 1999 to 2006 ..nothing
Dude since 1999 to 2006 ..nothing
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krishna_brc
07-06 11:18 AM
I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.
Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.
Thanks,
Krishna
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.
Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.
Thanks,
Krishna
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alex77
10-11 01:39 PM
If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
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wandmaker
10-20 04:36 PM
I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?
What did your lawyer say?
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
it is up to you decide, which side of the double edged sword you want to hold onto.
What did your lawyer say?
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
it is up to you decide, which side of the double edged sword you want to hold onto.
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GCVivek
01-28 05:57 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
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starving_dog
07-03 10:19 AM
No, a Canadian citizen cannot work in the US without a Visa. The options available are TN (Treaty Nafta) visa and H1-B for the average skilled worker. We (Canadians) are in the same boat with the Indians, Chinese, etc. awaiting our priority dates to become current. Mine is 01/11/02 so I have some hope that it will become current in the next year. Until then, I have to pay a premium for property taxes (no homestead exemption) on Florida's east coast.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
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saajed
11-16 09:54 AM
Thanks all for the advice.
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gc_chahiye
11-29 07:38 PM
thanks for your suggestion.
However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?
Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
1) EVL with current job desc, compensation and full-time employment
2) Last few/All years Tax Returns/W-2. Recent Paystubs.
3) Evidence of legal status throughout the stay in US
what else ?
looking at experiences on websites, medicals can come up right at the end too. The other common RFE is for birth certificate (asking for either translation or affidavits etc). Hang on a few days (keep pinging your attorney every day or every other day) to see what its about. It can sometimes take a week or two for you to receive the RFE from teh time the online status changes...
However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?
Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
1) EVL with current job desc, compensation and full-time employment
2) Last few/All years Tax Returns/W-2. Recent Paystubs.
3) Evidence of legal status throughout the stay in US
what else ?
looking at experiences on websites, medicals can come up right at the end too. The other common RFE is for birth certificate (asking for either translation or affidavits etc). Hang on a few days (keep pinging your attorney every day or every other day) to see what its about. It can sometimes take a week or two for you to receive the RFE from teh time the online status changes...
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vidin
11-20 11:44 AM
They are desperately trying to throw everything including the kitchen sink...May be they will get the jobs offered by a company started by an immigrant...
amsgc
02-22 08:34 PM
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
mallu
09-26 10:03 PM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.
I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.
I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(
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