hopelessGC
04-28 12:02 PM
I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
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santb1975
08-01 11:33 PM
Great Initiative from a Great Person
chandra_mb
03-10 10:01 AM
Hello,
My wife is planning to convert from H4 to H1 for dentist.
1) Does she need a dental license to apply for H1 ?
She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)
Please help !
Thanks !!
My wife is planning to convert from H4 to H1 for dentist.
1) Does she need a dental license to apply for H1 ?
She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)
Please help !
Thanks !!
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SAPGURU
01-04 09:09 AM
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
more...
GCwaitforever
04-11 11:47 AM
Congratulations on getting GC. You are out of this hellhole.
vivekm1309
04-07 10:44 AM
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
more...
gchopes
04-04 10:32 AM
Hi all,
We just had a baby this past weekend. I will be getting the birth certificate of the baby this week for passport application. However, I understand that the SSN card will come only 60-90 days later. The issue is we need to travel to India after 60 days. Can we apply for the US passport without SSN (or getting a letter from SSN office that the SSN is in-process)? Also, would you recommend a PIO or a visa to India if we need to travel in the next 60 days?
Thanks,
gchopes
We just had a baby this past weekend. I will be getting the birth certificate of the baby this week for passport application. However, I understand that the SSN card will come only 60-90 days later. The issue is we need to travel to India after 60 days. Can we apply for the US passport without SSN (or getting a letter from SSN office that the SSN is in-process)? Also, would you recommend a PIO or a visa to India if we need to travel in the next 60 days?
Thanks,
gchopes
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gc_on_demand
05-28 02:58 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
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satyab7
04-07 06:16 PM
What if VISA is not given .. can you come back?
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pamposh
08-08 12:33 PM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
more...
CADude
04-07 11:08 PM
If applicant applied AOS application then can get one year entension. I will come to know by may end. :)
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
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sweet_jungle
12-29 05:10 PM
Like all July 2 filers, I will now become eligible for AC-21.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
more...
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uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
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apchinta
11-13 09:15 PM
Same thing happened to a friend, and he complained to DOL. The employer was made to pay the amount with fine.
more...
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humdesi
11-06 10:27 AM
Do you know why this rule was changed?
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
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chosenone52
10-01 09:37 PM
Hello ,
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
more...
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hopefulgc
01-10 03:02 PM
good idea
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
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natrajs
06-24 11:24 PM
http://www.msnbc.msn.com/id/25356825/
http://money.cnn.com/news/newsfeeds/articles/apwire/99b403f496f2ed426260e2b3b3a589c0.htm
http://money.cnn.com/news/newsfeeds/articles/apwire/99b403f496f2ed426260e2b3b3a589c0.htm
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ss777
03-05 07:38 PM
Group insurance through an employer will not treat pregnancy as pre-existing. If group insurance is not available for this person, lookout for discount plans. Try in other states as well not just Oregon.
gc_on_demand
06-02 06:30 PM
http://news.yahoo.com/s/usnw/20080602/pl_usnw/u_s__department_of_labor_auditing_all_permanent_la bor_certification_applications_filed_by_major_immi gration_law_firm
It is also on DOL website and immigration-law firm site.
It is also on DOL website and immigration-law firm site.
immig4me
04-19 01:21 PM
Travel Advisory: Delays Due to Icelandic Volcano Eruption
(04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:
If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:
1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.
Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.
If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )
While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.
-- from IV advisor Greg Siskind
(04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:
If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:
1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.
Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.
If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )
While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.
-- from IV advisor Greg Siskind
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