fromnaija
02-18 10:11 AM
The reasons for retrogression are limit on the number of visas available (140,000) per year, country cap and the number of applications with USCIS for adjustment of status and with DOS for CP. Nobody knows how many applications are outstanding and so we cannot estimate PD movement accurately.
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Nabeel
10-26 09:37 AM
Hi Seniros
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.
Nabeel
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.
Nabeel
lazycis
10-11 02:49 PM
If H1/ H4 is still valid, you can revalidate H1/H4 if you leave the country, get a new visa and re-enter. S/he needs to do that no later than 180 days after I-485 denial. S/he is out of status starting from the denial of I-485.
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dagu1234
06-08 03:02 AM
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gcapply
09-15 10:48 AM
hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?
my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?
prince_waiting
10-26 01:53 PM
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
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itstimenow
08-08 12:12 AM
hey Ration_Card - if u don't mind.. let's talk in private - just wanted to see and check few things on my side. Hope it's not a problem to you? where are you located? let me know.
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jliechty
June 17th, 2006, 08:17 PM
Great photos, Antonio. It's hard for me to pick a favorite. :cool:
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logiclife
06-21 06:25 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
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BB_1976
06-17 09:20 AM
My H1B expires in Oct 2006, I applied extension for my 7th year and got approval till Oct 2007, based on pending labor with company A. I am planning to change employer soon. They are planning to file my Labour before end of 6th year. Still I am confused. My 7th year starts from Jan 2007, will this H1B be valid even if company A is withdrawing my application or even if the company closes?
I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC
I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.
Please advice. I really appreciate your help.
thanks:)
I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC
I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.
Please advice. I really appreciate your help.
thanks:)
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saketkapur
12-02 06:58 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
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fatjoe
09-06 02:06 PM
I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
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metoyou
11-05 10:08 AM
I was in the same boat as you. I did not get my wife's AOS receipt but all others ( 5 out of 6) . But when the FP notices came with her AOS receipt number on it, I thought USCIS may have misplaced the receipt.
Right after the fingerprint, we received this LUD on her AOS case:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice returned as undeliverable.
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
Right after the fingerprint, we received this LUD on her AOS case:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice returned as undeliverable.
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
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anujcb
06-04 05:59 PM
I guess its time for us to dust off the good 'ol case status scanner from the shelf and start scanning starting from June 1. I remeber there was a website which used to do this, type in the last some digits of the wac/lin number and it will say the status. Do any of you guys knoew the website?
Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1
Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?
Thanks..
Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1
Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?
Thanks..
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freedom1
01-20 01:20 PM
did u request a change, ex address change,..
No I did not made any change of address.
BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."
Oh well. I have no option but to wait and see what they sent me.
I'll believe it when I see it!
Freedom1.
No I did not made any change of address.
BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."
Oh well. I have no option but to wait and see what they sent me.
I'll believe it when I see it!
Freedom1.
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FrankZulu
08-13 11:47 PM
Nothing yet. Once 2nd July is done it should be one or two business days.
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pal351
05-27 04:35 PM
I called and my employer called them. they said case is ending no further info. is available.
thanks for replys.
thanks for replys.
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01-10 09:13 AM
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JunRN
07-18 08:11 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
Jerrome
03-10 10:54 AM
My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
rr_immaculate
08-05 08:20 AM
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.
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