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  • Dhundhun
    07-09 10:36 PM
    Can the docs be sent thru Fedex??

    I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.

    Very rarely USCIS gives street address for sending application.





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  • vicks_don
    12-14 02:21 PM
    Where can we find information for e filing EAD/AP Renewals ?





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  • reddymjm
    08-10 09:53 AM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards

    As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
    Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

    Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

    If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

    I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

    Need more PM me.

    Good luck.





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  • immihelp1
    09-28 09:12 PM
    Any one can share their experience about FP at newark ASC?

    Thanks in advance



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  • CADude
    04-07 11:01 PM
    My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.

    thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?





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  • gomirage
    05-28 05:19 PM
    If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.

    Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

    On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?



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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.





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  • amsgc
    02-23 09:22 AM
    Vroapp,
    Thanks for sharing your thoughts!



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  • dpp
    07-24 01:31 PM
    There is no 180 days wait period for derivatives. For you to change jobs, you need to wait 180 days to use AC21, but for the dependents, they can do whatever they want and whenever they want after they receive EAD card. It is like GC for them, but only difference is they need to renew EAD every year unlike GC. Otherthan that it is all fine as long you maintain your AOS status properly.


    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

    Question:

    My wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.





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  • wandmaker
    08-03 11:04 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks

    485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.



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  • India76
    09-17 01:48 PM
    Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
    I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...





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  • Lisap
    08-03 12:07 PM
    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa



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  • hazishak
    10-20 10:37 AM
    Mine was around the same time. Not even a LUD. Processing time is hopeless.





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  • nemadeni
    09-23 07:05 PM
    https://spreadsheets.google.com/ccc?key=0Agsah2P-Kr24dFM1dk9zOUVaVzR6RTFHMzlMSHpLLUE&hl=en


    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    Information on how to read the report
    Questions & Answers: Pending Employment-Based Form I-485 Inventory

    Q: Why is the wait so long for my employment-based green card?

    A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

    Q: How can I determine my place in line based on my priority date?

    A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

    The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

    The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

    Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.

    Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

    A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.

    Q: What information do I need to have before using the pending Form I-485 inventory reports?

    A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.

    Q: How do I read the pending I-485 inventory reports?

    A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

    Q: Can you tell me when I will get a visa?

    A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.

    Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

    A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.

    If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.

    Q: How do I know how many applicants from my country have an earlier priority date than mine?

    A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

    To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.



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  • bfadlia
    10-22 01:22 PM
    I can't help but notice that progress at TSC.

    They were processing July 16, 2007 2 - 3 months back.

    One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)

    Last month, they made progress till June 23, 2007.

    Since last month, they made a progress of one day - June 24, 2007.

    Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(

    Here's my interpretation:
    say last month, for EB3 ROW, the priority date was Jan 1st 2005, so they pick the cases earlier than that date and start working on them. They then say in the processing website that the oldest case they have worked on among these is july 8th. The following month, the priority date becomes May 1st 2005, so now they have to pull the cases whose priority dates are between January and May and add them to the processing queue. Some of these cases will have receipt dates earlier than July 8th, therefore the processing date this month can rightfully move back to reflect that.
    But of course we also know USCIS doesnt follow a consistent process in pulling cases.





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  • hoolahoous
    10-11 11:50 AM
    hi ,

    Now middle vendor is threatning me that he can sue me for breaking the line of contract .
    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.

    anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.

    Disclaimer: I am not a lawyer. Do not take this as legal advice.



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  • Berkeleybee
    05-24 11:40 PM
    We need to get started on this right away and reach Senators before the vote on these amendments take place on May 25, Thursday!

    For instructions please see

    Web-fax
    http://immigrationvoice.org/forum/showthread.php?t=941

    Phone campaign
    http://immigrationvoice.org/forum/showthread.php?t=942

    Thanks,





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  • Almond
    07-16 02:41 PM
    My I140 and 485 were filed in Dec'2006. I got my I140 approval notice (email alert from USCIS) last week.

    Yes, 6 months for the I40 is the usual wait time for that (the usual wait time at THIS time in history that is). It's the I485 that is a pain...





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    05-25 06:49 AM
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    Steven-T
    February 12th, 2004, 09:16 AM
    With the current 14n at about $3,000, and the upgrade costs $1,500, I guess the price for new Kodak DSLR should around $4,500 street in March, which is about the same as the 1D-II, available in April to the mass public. What will be the price of the 1Ds by then? Hehe . . .

    To me, what I like to find out more about this new Kodak machine is:
    1. Lenses - How good will be the (old) primes? Or we still need the latest greatest biggest zooms to get good quality image?
    2. Raw / Jpeg - As an amateur, must we still shoot Raw, and Jpeg is still far back in quality?
    3. Long expsoure - As a landscape lover, how will the babe perform in long exposures up to 1 minute (not in well controlled studio condition)?

    I am waiting for more information before making any move. Oh, I love the iso 6 for landscape. You said kodachrome iso 25 ???

    Steven





    qualified_trash
    11-16 09:53 AM
    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

    your information is not accurate.

    filing for AOS does not give you an EAD. You have to apply for it.

    There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........