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  • mymyanmar@gmail.com
    08-11 01:31 PM
    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy





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  • stemcell
    10-05 10:19 AM
    dude, leave alone pr, i have a canadian passport, this cbsa (canada border services agency) lady one day asked me "who are you going to meet in canada?"
    i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
    She waited a second to digest it, then said, "okay..go..!!"..

    lol





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  • meridiani.planum
    04-01 03:34 PM
    inline...
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.

    Can't I myself respond to the RFE?

    no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer





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  • amslonewolf
    04-23 09:42 AM
    Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.

    Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?



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  • gcpower1
    02-10 10:08 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.


    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.





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  • karanp25
    07-30 01:45 PM
    We are in exact same situation. Mine got approved 2 weeks back, even though i am on H1, but we are patiently for my wife's EAD approval.

    To make things worse, this whole drama of EB2 current in August will screw me all the more, as she will get 1 yr EAD and then i have to go through this whole nightmare one more time next yr.

    For me, it's been almost 3 months now...and they tell me the case is within processing dates published on their website. I've seen people who applied almost 1.5 months later than me get their approvals....

    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon



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  • psk79
    05-30 12:29 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...





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  • asterix
    02-23 10:00 AM
    a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.

    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?



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  • svam77
    07-18 07:05 PM
    Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.

    sure, I would sign up for the contribution.





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  • work4pd
    07-20 01:38 PM
    Decoupling H1B and H-4 Time ?


    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!



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  • bskrishna
    01-02 11:47 AM
    I am in the same boat..all the transfer cases are taking a longer time to get FP notices.





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  • chanduv23
    11-19 03:36 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?



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  • duncanidaho
    02-17 10:51 PM
    Stuk,
    You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
    In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
    So, be very very careful if you exercise AC21 prior to your 140 approval.

    The best alternative is to ask your new employer to file for premium H1b transfer.





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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.



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  • sledge_hammer
    07-11 05:22 PM
    www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.

    http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg

    The button below the article lets you send emails to Bush and Cheney...





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  • purplehazea
    05-11 01:31 PM
    I spelled out the problems as much as I could with the limited time I had! I spoke as Amit, Irvine CA

    I really hope they put it out there. And just for my satisfaction there was an illegal who got legalized via 245i before me so that I could question the backlog these people add!



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  • alterego
    08-01 02:38 PM
    Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
    This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
    Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
    I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.

    I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
    I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
    Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?

    Please keep all this in mind the next time you think about helping out.





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  • arnet
    10-29 12:47 PM
    the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.

    If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.

    It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.

    I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?


    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...





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  • jcrajput
    06-09 01:55 PM
    Thank you all for responding.

    I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...

    I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
    Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?

    I appriciate all for your help.
    Thank you





    hibhagya
    05-08 10:29 AM
    First thing i would try is call Immigration moderators and explain the situation and ask them some notes.
    Try to mixyour story with the notes and present to them.

    second option:
    Try to go through some threads and gain some knowledge about what they will ask and how to make it effective to listeners.

    I guess there is no issues even if they try to find any information about your employer or your self.They are not investiagting on you ,all they are doing is analyze the issues of immigration system.





    sats123
    03-12 08:00 PM
    Thanks for reply and suggestions.

    I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.

    Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.