Blog Feeds
10-15 12:10 PM
A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
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gc_maine2
05-22 09:21 AM
Congratulations !!!.Enjoy your freedom...
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
clockwork
09-19 07:58 PM
0. Keep docs ready for MTR and once you receive the response from INS you should able to reply immed.
Without denial notice, I am not sure what kind of documents are required for MTR response. This I-140 was denied even without any RFE. There is no clue to guess the reason for denial.
1. is it consulting company?
Yes
2. which center NSC/TSC?
TSC
3. when did you apply I140 ?
July 2nd 2007
.
Without denial notice, I am not sure what kind of documents are required for MTR response. This I-140 was denied even without any RFE. There is no clue to guess the reason for denial.
1. is it consulting company?
Yes
2. which center NSC/TSC?
TSC
3. when did you apply I140 ?
July 2nd 2007
.
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pmat
07-14 02:36 PM
Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
more...
itsmesabby
10-14 09:58 AM
Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.
I would really appreciate it.
Thanks
I would really appreciate it.
Thanks
vban2007
09-17 01:53 PM
The case will be sent back to USCIS and they will decide the further action or you can tranfer you H1b to other employers
more...
pappu
03-28 03:08 PM
Core is working on a seperate campaign with a strategy specifically for us. Please stay tuned. At this time, we urge everyone to seek appointments from their lawmakers as per our newsletter.
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doshhar
10-09 10:31 PM
I am looking for the similar information regarding temp. EAD for my wife. Can someone please advise here..?
more...
brick2006
02-08 10:33 PM
am in my 8th year H1 due to expire in april...with an approved 140.(not a june 07 filer..no EAD)
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
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agiridhar
05-14 08:23 AM
When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
more...
Prashanthi
04-09 12:14 PM
As i said would be better to convert this case to PP. You have only pending status, in order to file for a transfer you need to show that you are presently on a H-1. I am not sure if the bridge situation will work in this instance.
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mp70
07-01 03:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
more...
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InTheMoment
11-01 01:57 PM
Certainly not all hospitals and universities must most do fall in the non-profit category.
Check with the HR of that org. to confirm.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
Check with the HR of that org. to confirm.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
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ameryki
03-17 04:53 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
more...
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skark
08-22 11:54 AM
Does anyone know if the PIO card needs to be renewed or a new PIO card has to be obtained when US passport is renewed?
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kk_kk
07-08 04:39 PM
I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.
more...
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yabadaba
06-30 02:41 PM
Guys,
since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit
since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit
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kpdvlr
11-06 07:09 PM
Hi WandMaker,
I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.
Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?
I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.
Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?
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snathan
02-15 10:01 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
Blog Feeds
11-18 02:50 AM
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
desi3933
03-05 04:15 PM
Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.
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