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  • gcformeornot
    08-10 05:19 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    character.





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  • amsh
    08-21 05:23 PM
    I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .

    My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
    And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.

    I have two questions
    1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .

    2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?

    Best regards and thanks for helping !





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  • bzuccaro
    11-08 05:23 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.





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  • SunnySurya
    07-17 12:44 PM
    Any Idea, why the processing times have not been released yet?



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  • vamsi_poondla
    01-20 11:56 PM
    I wrote two copies of handwritten letters. I will mail them tomorrow. Now I can bash all fence sitters with no guilt :-) Kidding.

    Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)





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  • nanneh
    05-11 06:52 AM
    FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.

    Thank you amslonewolf



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  • hpandey
    08-04 01:07 PM
    EB3 - I pending at TSC . RD - Aug 2nd 2007





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  • perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????



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  • 53885
    08-16 07:05 PM
    what? So now we have FP tracker for those who received RN. Great!!! these tracker threads will never die...





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  • Eveready
    07-11 05:25 PM
    Thanks syed your post has been a great help.:)



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  • sk2006
    08-19 12:45 PM
    Is there anybody who got a mail like I got?





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  • a_yaja
    10-08 04:20 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.

    Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.



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  • pd_recapturing
    09-04 10:41 AM
    There is a confusion in following statement:
    "Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
    I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.





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  • razis123
    06-02 04:34 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk

    I am in a similar situation.Somebody please give advice on this
    Thanks in advance



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  • Robert Kumar
    01-03 08:51 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

    All,
    Thank you.

    So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
    And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
    My EB3 will take some more time.





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  • optimystic
    04-22 03:49 PM
    I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.

    That particular date of July 11 at NSC is for EB I-485 !



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  • sbvw76
    10-09 10:42 AM
    For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

    Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.





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  • optimystic
    09-15 01:28 PM
    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.

    They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:





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  • vpadman
    02-09 02:07 PM
    Are there any members from Huntsville, Alabama ?
    It would nice for a few us to meet here and discuss various immigration issues.





    immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D





    camilopino
    01-08 04:33 PM
    Yep, it is current.

    Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?



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