surabhi
10-22 01:29 PM
I filed second set on August 16 as a insurance policy . ANd sure enough, I didnt actually got the checks cashed until October 13th. I am glad I didnt spend sleepless nights specially after 90 day window.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
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deepakjain
01-21 03:25 PM
I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
aamchimumbai
07-23 09:43 AM
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
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desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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anoopraj2010
07-30 11:11 PM
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
Winner
04-21 12:28 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
more...
venetian
07-09 07:34 PM
My lawyer also confirmed that a person on H1 can use AP for travel and can continue to work for the same employer with H1 and has to extend the H1 to come back to H1 status and to continue to work on H1.
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
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jay75
08-04 12:55 PM
EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject
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munnu77
06-16 09:47 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
whoch perm processing centre did u apply labor???
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
whoch perm processing centre did u apply labor???
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Ann Ruben
05-23 10:19 AM
What happened between April 2002 and June 2003 when you returned to the US with an H-1 visa? Did you remain in the US? Did you continue working in the US? When did you leave the US to apply for the visa? What information did you provide to the US Consul regarding your time in the US?
more...
485_se_dukhi
08-15 08:56 AM
I'm posting it where ever I can on different forums.
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ajay
09-17 08:31 AM
I also was in the same situation when I came back from India and used AP.
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us_gc_aspirant
09-26 02:04 AM
I was on L1 since Dec 2001 and left in Aug 2005. Came back on H1 in March 2006; H1 was approved only till Dec 2007 ( 6 yrs from 2001). I did not get a fresh 6 yrs., when I moved from L1 to H1. I believe this is the same case with H4.
The reason why I am asking is that I saw a Immi. Attorney reply in one of the Silicon valley magazines that L1 is not counted against H1 6 yrs. clock. From my H1 approval I find this to be incorrect interpretation.
Can anyone share their experience on this.
Thanks very much.
The reason why I am asking is that I saw a Immi. Attorney reply in one of the Silicon valley magazines that L1 is not counted against H1 6 yrs. clock. From my H1 approval I find this to be incorrect interpretation.
Can anyone share their experience on this.
Thanks very much.
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canmt
10-19 10:37 AM
You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.
I hope this helps and good luck on your greencard chase.
I hope this helps and good luck on your greencard chase.
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dcrtrv27
11-14 07:32 AM
Why dont you write to your COngressman or Senator?
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.
Arulz,
I did follwing things so far...
1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th
My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.
Arulz,
I did follwing things so far...
1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th
My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D
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GC_1000Watt
05-25 01:50 AM
Please share if anyone of us has taken care of PIMS thing in any way. I wanted to handle this PIMS thing well in advance in order to avoid any possible hassle or delays later on while I go for stamping in Mumbai consulate.
Thanks in advance.
Thanks in advance.
more...
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vamsi_poondla
01-18 03:41 PM
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
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morchu
05-04 03:33 PM
It can be done online also. That is the second step in online process of AR11.
Ok, so basically I need to call customer service and have them update address for all pending cases?
Ok, so basically I need to call customer service and have them update address for all pending cases?
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Green.Tech
08-18 02:51 PM
If you google, there are so many other cheaper providers as well (but their quality may be cheaper as well). For example, check this: WatchIndia - Indian TV online with live Indian TV Channels (http://www.watchindia.tv/). Anyone has any experience using watchindia?
gmpa
04-30 03:47 PM
I-140, TSC
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
Templarian
08-27 01:47 PM
I leave it up to one of you guys to make a non-animated :smh: smilie.
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