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Wednesday, July 6, 2011

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    07-17 12:48 PM
    Its too much of waste of a time, on this thread, and misleading all the time, llooking for some interesting news, like processing times.

    Guys: Can we stop this somehow, and DO Focuson other major news.


    Admin should have closed this thread by now.


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  • dealsnet
    03-28 02:30 PM
    This is a good move from IV.:D

    With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.

    IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.

    Great job, IV team, in providing such a useful tool for the benefit of our community.

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  • Hinglish
    03-03 11:24 AM
    AGI = American Greencard for Indians

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  • ck_b2001
    07-19 10:54 AM
    guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?

    you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.


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  • Canadian_Dream
    03-20 01:31 PM
    IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
    If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.

    Hope this helps. Good Luck.

    Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?

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  • minimalist
    10-08 02:25 PM
    Did you take original 485 receipt with you?

    I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.

    Please post back your experience here. Thanks for starting the thread.


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  • rimzhim
    05-26 03:15 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?6. With AC 21 gone will you be able to join new employer based on H1 receipt?
    good points. I think AC21 will hold for ppl in the old system though.

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  • crystal
    07-26 03:40 PM
    In my case ,to avoid the hassels and to have a permanent(?) address in i-485, i took a new lease a month early than what i thought initially . (So I ended up paying rent at two places becase of the July bulletin and USCIS address change horror stories that i heard ) . a thousand dollar clean waste.Another way USCIS helping US economy


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  • alisa
    08-03 12:10 PM
    I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

    Received by USCIS on June 4th 2007. Have been waiting since.
    So 400+ days for me too...

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  • lsuk
    07-21 10:24 PM
    You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.


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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!

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  • gccovet
    04-17 10:19 AM
    it is on the approved labor certificate, that my lawyer gave me

    How to find associated SOC code with DOT code (DOT code is on LC certification, OCC code , Ind COde and OCC title is on certified LC)? I tried to find my case in the MS Access databases (from year 2001 to 2007) but could not find my case at all. My PD is May 2004, and LC certified March 2006(was sent to Backlog Center in Dallas), which MS Access database do I need to look into?

    My title on LC is programmer analyst (OCC code= 030.162-014), read thru the forum replies, found that programmer analyst have OCC code= 030.162-014 and SOC code=15-1031, most of them found their SOC code from MS Access database(some found in their Certified LC??? ). I am presuming my SOC code to be 15-1031, but wanted to confirm that. I am debating on invoking AC21, but need to make certain SOC code matches with future employer (future employer gave me job code as 15-1031) as my future title will be totally different (instead of programmer analyst, it will be IT Business Specialist).

    Any help/hint will be highly appreciated.



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  • hiralal
    05-10 07:39 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!

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  • ashkam
    06-25 01:02 PM
    I see what you are saying now, you were paid retroactively this year for work done last year. Since that pay will be reflected in this year's W2, you should be fine with the IRS. I am not sure how this will square up with the USCIS though. Talking to a good immigration attorney is a good idea.


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  • Aah_GC
    07-09 02:11 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.

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  • vactorboy29
    02-24 03:24 PM
    I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.

    With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.


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  • Catherine
    11-04 02:06 AM
    I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

    I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

    I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

    Many thanks in advance for all help and advice.

    P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.

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  • gc_on_demand
    03-25 02:16 PM

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

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  • jagan13
    02-24 12:24 PM
    Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.

    Tantrik Swami
    November 19th, 2004, 06:37 AM
    I have exactly the same problem ... happened to me two days back ... i dont know what to do ... HELP ... and if you guys get a reply from Nikon ... please let me know ... thanks ...

    PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(

    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.

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