desi485
11-11 01:04 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
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getta05
03-27 04:20 PM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
I am looking to buy a SUBWAY franchise outright costing 200 K
kiran_k02
01-17 02:53 AM
I got my Visa documents on 15th Jan to Hyderabad, they stamped my visa on 13th Jan. Fortunately I didn't have to wait for long for PIMS update.
FYI: I did not call embassy prior to my interview.
FYI: I did not call embassy prior to my interview.
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WaitingForMyGC
09-26 12:20 PM
What's the difference between a catfish and a lawyer?
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
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sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
zoooom
10-27 11:33 AM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
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kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
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maverick_joe
11-16 03:12 PM
no u cant, u would need to take and infopass appointment, but you could talk to cust care and open an SR first.
to talk to an IO at the texas service center use the following
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
remember u will have to call in the moring before 11.30 to be able to talk to an IO.
to talk to an IO at the texas service center use the following
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
remember u will have to call in the moring before 11.30 to be able to talk to an IO.
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capriol
09-17 08:11 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
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abh
08-21 11:04 AM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
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me_myself
01-18 08:18 AM
Spoke with a lawyer - he said have a letter from my company saying i was training our indian vendor and now returning back to resume work in US. Also have proof/documents that shows my US company exists and a verification letter from them.
My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?
Thanks.
My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?
Thanks.
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chantu
06-20 02:48 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
Thanks
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
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raj2007
06-17 11:29 PM
Hey Bro, as far as I know they only test for HIV, Siphilis,TB and Gonorrhea. I am loking at the copy of my medicals right now and I don't see Herpes mentioned anywhere. So I dont think the blood test looks for that. So don't jump the gun and tell the surgeon that you have it. My surgeon didn't even do a genital exam only checked my groin for lymph nodes. SO as far I can see you will be OK. Just take it easy and go for the test. ;)
Better ask the Doctor what test he needs. All doctors donot go for all the tests.
Better ask the Doctor what test he needs. All doctors donot go for all the tests.
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lazycis
01-13 04:47 PM
I live in northern california and has written letters to congressman, first lady but not response.
Northern Cal is arguably the best district to file Wom. You can give it try. What is the USCIS response?
Northern Cal is arguably the best district to file Wom. You can give it try. What is the USCIS response?
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arindamb
03-25 08:44 PM
I feel "related" might be the key word that can cause discomfort for a lot of people. How does one determine that ones job is related to his/her degree ? This might finally be left upto the discretion of the USCIS.
One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.
How far can one digress from ones degree major to still be considered related.
I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.
One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.
How far can one digress from ones degree major to still be considered related.
I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.
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ski_dude12
05-04 02:34 PM
Thanks for the reply.
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shahrooz
02-15 10:28 PM
260 views and not even one single opinion?
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Googler
02-08 02:40 PM
All,
I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.
I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.
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gtg506p
03-22 12:22 PM
Hi,
We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
Amar
We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
Amar
reddy77
08-10 06:16 AM
Good to know and thanks for the update and hope your parents are doing well ...
javadeveloper
12-17 04:21 PM
Dates were current till 2005. They were again current in between.
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
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