sunny1000
11-19 06:10 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
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Ann Ruben
07-06 06:04 PM
Hi Raj,
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
trueguy
08-09 01:08 PM
Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.
2011 Ramsey Inman, proud Alpha Men
minimalist
10-28 01:18 PM
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
This is the first time I came across.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
This is the first time I came across.
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gc_eb2_waiter
11-16 04:08 PM
From immigration-law.com
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
bearstory
05-24 12:43 AM
Thank you everyone!
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
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trueguy
08-09 09:27 AM
^^^^^^^
bump
^^^^^^^
bump
^^^^^^^
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ChainReaction
04-02 04:09 PM
If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
Thanks a_yaja for UR reply :)
Thanks a_yaja for UR reply :)
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Winner
04-21 12:28 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
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Sakthisagar
04-30 10:01 AM
Even if CIR fails it is good for Legal immigrants. let amnesty fail but the amendment for Visa recapture wil be passed. Let the CIR come to the floor call all senators and congressmen, tell your story participate with IV
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wandmaker
11-01 10:27 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
hot ALPHA PHI ALPHA
abhishek101
05-21 10:32 PM
Nope the GC came even before I could think about any call.
lvinaykumar: My PD is March 2003 (from my profile)
lvinaykumar: My PD is March 2003 (from my profile)
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arnet
07-12 02:19 PM
it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?
good luck.....
good luck.....
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GCanyMinute
08-22 09:04 PM
... 160 views until now and no one offered any help yet :o
please help :D
please help :D
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GCOP
05-05 01:03 PM
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NikNikon
July 27th, 2005, 05:25 PM
Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.
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gcseeker2002
10-26 01:00 PM
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
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jvordar
04-17 08:18 PM
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
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Googler
07-20 12:53 AM
But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.
Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.
I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.
As for the argument that the name check process enhances national security that is not really true.
(a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.
(b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.
(c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.
(d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?
(e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.
Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.
These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.
This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.
All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.
Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.
I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.
As for the argument that the name check process enhances national security that is not really true.
(a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.
(b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.
(c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.
(d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?
(e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.
Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.
These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.
This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.
All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.
H1bslave
04-16 12:45 PM
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
ameryki
08-27 10:21 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
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