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I am from India |
| I last logged in 18 hours 53 minutes ago |
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I have been a member since 18 Sep 2007
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| I have added
1619 posts in trackitt forums
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I added my last post on 08 Mar 2010
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may2003's Immigration Cases
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| I-485 case:
Pending for 1000 days (574 days more than average)
(3 comments)
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| User: |
may2003 |
Nationality: |
India |
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| Country of Chargeability: | India | Applicant Type: | primary | | | Service Center: | Texas | Category: | EB3 | | | Priority Date: | 10 May 2003 | Application Filed: | 13 Jun 2007 | | | USCIS Received Date: | 03 Jul 2007 | USCIS Notice Date: | 03 Jul 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | | | | First Fingerprint Date: | 01 Aug 2007 | Second Fingerprint Date: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | too early to say | Name Check Approval Date: | | | | I-485 Status: | pending | I-485 Approval/Denial Date: | | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 15 Aug 2007 | AP Approval Date: | 18 Aug 2007 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 63 days | Time to Get AP Approval: | 66 days | | | Time to Get Fingerprinting Done: | 49 days | Total Time to Get GC: | | | | Most Recent LUD: | 09 Jun 2009 | Days Elapsed: | 999 days | | |
| Case Added to Tracker: |
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Last Updated: |
20 Feb 2010 |
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| Notes: |
Working in the US since Nov 2000. |
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| I-765 (Family-based) case:
Approved
(0 comments)
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| User: |
may2003 |
Nationality: |
India |
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| Application Type: | renewal | Service Center: | Texas | | | Filing Method: | electronic | Application Filed: | | | | USCIS Received Date: | 29 Oct 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 18 Nov 2008 | Card Production Ordered: | | | | EAD Received: | 28 Nov 2008 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
22 Jan 2009 |
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| Notes: |
Soft LUD on 10/30, 10/31, 11/2, 11/4, 11/5, 11/18, 11/20, 11/24 2008, Issued 2 Year EAD |
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| may2003's Posts |
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Topic: H4 to L1 visa
I'm sure that you are confused. There is no conversion procedure for H4 to L1.
L1 is a visa which is sponsored by company in home country to send its employee to US. You don't need any attorney here in the US for this conversion. If she was and is leaving here with her husband on H4, even the company in home country will find it difficult to get an L1 for her. L1 requires that one should be working for past two year with the same company before L1 visa can be sponsored.
If you are enquiring about conversion from H4 to H1B work visa, the same employer who is ready to hire her can sponsor the visa but she can't start working till her visa is approved or October 1, 2010, which ever is latter. For this to hapen visa must be filed under Fiscal Year 2011 quota. The filing begins on 1st April 2010 and will remain open till the quota is not filled. The 1st of October is the date when Fiscal year starts.
Good Luck to your friend and his family! | |  |  |
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Topic: piease help h1b.....
Thanks for your answer.After marriage if my wife comes in tourist visa is it possible to file I-485 if the pd moves to current in later dates.
Friend! I don't know whether she can file 485 while on tourist visa or not, but if you get your GC, your spouse will get GC based on your pending application. The biggest hurdle is getting a tourist visa for spouse. I have heard the conference call of immigration attorney Rajiv Khanna that getting a tourist visa for spouse is next to impossible. One can try but it is difficult.
I wish you good luck! | | | |
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Topic: For past 5-6 months EB2 India has moved only by 9 days!
Honestly, they are not moving the pd of EB2-India because they have already issued 7% visas to the applicants born in India. There is no such rule that spill over, if any, should be allotted in before last quarter. Therefore, all the EB2 applicants have to wait till last quarter for date to move forward for a year or so.
Also, you never know, USCIS may decide to give spill overs to EB3 as there is no rule why it should not spill over to EB2.
Therefore just wait and watch the drama. | | | |
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Topic: Demand Data Used in the Determination of the April 2010 dates
There are two answers to your question. One based on the visible numbers and one imaginery.
a. If these numbers are true, USCIS may be planning to use large spill over in last quarter for approving EB3 applicants.
b. If these numbers are true, but with an immagination that there is a huge demand by district offices (which is not included in USCIS/DOS inventory) and there is regular approval of newer applications with current PD(also not included in inventory), then USCIS/DOS is meeting its monthly/quarterly targets.
By the way based on 2009 FY report, USCIS issued 39798 GCs to EB3, which is 242 less than the specified target (40,040 based on 28.6% of 140,000). Howeve, in total they issued 141043 visas. The number 242, which is only 0.17% is too close to the target number, and thus one can't blame that intentionally someone wasted the visa.
EB3 can't get benefitted by a small number. It needs a bigger spill over from EB2. God knows whether USCIS will do something like that or not. | | | |
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Topic: piease help h1b.....
My friend maintained h1 status having EAD ,I-485 pending(AOS).
He completed his six years h1 status ,filed for h1 extension got denied.Right now he is in AOS status using EAD. His marriage is fixed in June.Because of his extension denial,please advice how could he bring his wife after marriage.
He is using his EAD for last four months.Is it possible to apply h1 transfer with another employer .
Thanks
1. Yes, your friend can get an H1 filed through another employer, who is ready to hire hime. Whether USCIS will approve the H1? That is up to USCIS, and the petition. If he is filing through another consulting firm - in today's situation it is difficult to get the extension due to Jan-8 memo on H1B (If you don't have idea of this memo, browse it on trackitt). Getting the H1 and H4 through anotehr sponsor is safest way to get him marry in home country, and get his spouse to US.
2. Another alternative is a new H1 for his wife (if she is qualified, and finds a job & sponsor in US).
3. Yet another is to come on F1, but she has to tell the truth at consulate that she is married to an AOS applicant. Also, she has to join college as a full time student for minimum six credit. This is a tough sell to cosulate, but she may try.
4. Getting a tourist visa, and visiting for up to six month in one go. This will be toughest sell to consulate.
Let me sum up. People those who are under AOS, specially under EB3-India, should look for a PR or citizen to get marry. Even those who are maintaining H1 till date, are facing many H1 Extension denials. That will put their spouses in a black hole which is not having any end in sight.
5. This is the last but "the best" OR "the worst" advise from me. Forget about AOS, and move on with life at planet earth anywhere other than US. | | | |
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Topic: April 2010 Visa Bulletin Predictions
Friends, Can we work on expired H1b, Pending AOS with no EAD yet.
Let me elabore little bit more.
If my H1B expires on 31st March ,and if I just applied I-485 ,not even taking 30days , Can we still continue what ever we are working on ? or should we have to leave the country till we get EAD and come back on EAD/AP and work on EAD ?
Please tell me your opinions just to make some useful decisions for my life.
You can't and should not work after expiry of your H1. Wait to receive EAD. You need not to leave the country, but have to stop working. This is the legal way. No employer should offer your work without approved work authorization. Currently your work authorization is H1. Once it expires, you don't have legal rights to work, and if you work that is illegal. Therefore wait till you get your EAD. Good Luck. | | | |
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Topic: Can H1 be used twice? Can that person apply for GC?
No. For green card application you don't need H1. One can be sposored for Employment Based green card, who never had any type of visa and never came to US.
With regards to H1, one can get up to two terms of three years each, and also get extension for period of absence on US soil during those six years. If GC process is already started, and labor application filing date has passed one year, one can get one year extension till I-140 approval. If 140 is approved, one can get 3 years extension of H1 until 485 is approved.
Secondly, to get second time H1 (not in continuation for six years, which is quota exempt) from a new pool (quota), one has to live 365 day's out of US, and then an application can be filed for new H1.
Hope it helps. thanks. | | | |
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Topic: Full time employee + some additional contract work
The short and long answer is "NO". You received your GC on legitimate grounds, and after getting GC working with same employer. Why should you doubt? | | | |
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Topic: Question regarding Benefits
It is W-2 which is issued by employer on or before January 31 of every year, which contains information on Federal Tax, State Tax, Social Security and Medicare deductions, including total salary paid to the employee in the pervious calendar year. Did you get this document in past? It has the employer's tax ID. If you don't get W-2, means your employment itself is a fraud. If you get W-2, and it does not show SS these deductions, means your employer himself/herself is making paystubs and not knowing the rules; and in sum you are not in a good hand. I don't know any one else, other than F1 students who are exempt from the social security (SS) taxes. | | | |
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Topic: Notify Company Lawyer about moving to another job?
Your attorney is equally tied to you and your employer (the former employer, if you already moved from Company A to Company B). He will act in your favor, but require clearance for sharing some information from Company A. You have to get a letter from Company A to your attorney, and there onwards you are all set with the same attorney. | | | |
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Topic: Document production or Oath Ceremony ??
Hi! Did you get the "DOCUMENT" from USCIS? If yes, what it was ... Approval/Change of address confirmation/Case Transfer Information/Intervie/.....? | | | |
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Topic: 485 backlog reduction
Do you really know the difference between LC application and I-485? LC is 100% sponsor dependent, where as I-485 is having lose dependency. If one has served for 6 months after filing I-485 with the sponsor, s/he has the right to detach and move on the another employer. And make a note of it : I-485 is individual's application, and not the sponsor.
Based on the above facts, if USCIS wants, it will send such letters to individuals and not employers. This type of letter is called RFE. Even sending RFE costs USCIS. Moreover it is doing the same thing for last three years. But it did not yeild any major reduction in the backlog. | | | |
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Topic: 2009 PERM DATA
Last year there was NO spill over from EB1 to EB2, and the demand in EB1 will keep going up. Don't expect any thing to spill over from EB1 to EB2. Very soon EB1 will start consuming all visas unused by EB4 and EB5. Very soon, people have to start thinking whether to file the application in EB1 or EB2, as EB2 will have smaller list. | | | |
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Topic: 2009 PERM DATA
For India the sum of Certified+Certified-Expired is 16569 and 11387 in 2008 and 2009 respectively. This will convert to 37280 and 25621
GCs @ 2.25 demand per primary applicant. Moreover, it does not include all the EB1s applicants.
As a whole it will convert to a total demand of 110711 & 66380 (@ 2.25 per primary applicant) against applications 49205 & 29502 for year 2008 and 2009 respectively. EB1 not included. However, we all know that EB1 is getting approved in almost a year, and the are consuming their full 26.8% quotal.
It means even though the demand as per 2008 is higher by 8,231, it goes down by 36,100 in 2009.
At the demand of 2009, it will take almost ten years to clear the backlog. However, we all know that if economy recovers, the demand in each category will increase. | | | |
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Topic: son goes to college next year
I found it difficult and troublesome to get a "parolee status" every year for filing FAFSA. One has to get an AP approval, then go out side the country, enter as parolee and then apply FAFSA. I don't know how many of you have done it, but personally I found it difficult. Therefore I paid for the first four year of college education from my pocket. Here are some of the points to educate parents whose kids will be going to college:
a. S/he will be put into the category of International Student.
b. Even though you cover his/her medical through your employer health insurance, you "may" be asked to pay a compulsory "Insurance for Repatriation of a Deceased Body in case of any eventuality (the university where my kid is studying charges $100 per academic year).
c. Your kid will be only entitled for merit based grants and scholorship, which is generally offered by trusts, and not by state or federal government.
d. For summer/winter intern, your kid is barred for taking work at places, which are reserved for Residents/Citizens. The admin staff will not refer your kid to such establishments for interview.
e. No bank will approve your kid a student loan (even though you and your kid has good credit history), unless you get it co-signed by an US citizen.
f. As s/he is not on F1, ensure that s/he alsways has a valid EAD, which will enable her/him to work on campus, and take summer intern jobs.
f. Good thing is you will be able to claim certain amount of tuition fee on your 1040. At least IRS is not differentiating in resident and allien in tax matter.
In my view this is one of the discriminatory policy towards the parents and kids under immigration process, and in particular the greatest burden on a middle age parents who came here in their forties and fifties. These parents will find more toughest time when they enter into their retirement age.
Good Luck! | | | |
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Topic: Current and Visa dates available
Just refer to 485 ROW trend. They are always current and get their GC in six month to one year after filing 485 after filing application. You can also expect the same.
You will get your Advance Parole (I-131 approval) and EAD (I-765 approval) within 90 days of receipt of those applications. There is no need of approaching congressman. Have Patience! | | | |
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Topic: can we apply job while I-765 EAD is in process
In my opinion, if you are out of job, and looking for job, you continue to look for job and can say that you will be working on EAD. The matter of showing EAD only comes when someone hires you. Why to stop looking for job. You are applying for job that does not mean that you are hired. Moreover, it seems that you have already applied for EAD, and expecting the approval. If any company hires you, you can always negotiate the joining day. After all in this effort, you are not loosing any thing. Caution: If hired, DO NOT JOIN before your EAD is approved. | | | |
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Topic: Number of EB1, EB2 and EB3 visas issued this year?
You have already given the answer. DOS publishes annual immigration data in January every year. They have already published 2009 data. | | | |
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Topic: I-485 interview with NO recent paystubs to show
Carry the letter from your employer that you took time off, and you have the job. It is safe to do so. | | | |
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Topic: Confused on 485 documents
If you have the visa papers from L visa, provide it. If not, forget about it. Send all H1 documents, and you will be good. I hope you remember you physical stay history, entry and exit dates in US, ... you have to fill up these informations. If you don't remember, dig them in your passport. | | | |
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