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  • kondur_007
    08-17 03:07 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.

    If that is the case, you have two options:

    1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).

    2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).

    After that you can get your SS card.

    Good Luck.




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  • bpratap
    09-03 08:26 PM
    Anybody who works for consulting co. got extension approved ? without RFE ?




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  • rahul2699
    05-19 11:32 AM
    you need to spend 12 months outside of US to apply -- My understanding is that you have to wait 12 months before applying.




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  • delhis_007
    06-05 11:32 AM
    Sasan,

    My PD is Jan 04. EB2 India. 140/485 filed in July 04. 140 approved Mar 05. Any comments?

    What is your PD and category?



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  • rb_248
    01-18 09:22 PM
    Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
    Mine is EB 2




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  • chehuan
    01-18 02:50 PM
    Thanks for the reply
    I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
    if i get an I40 with EB3 and move to another EB2 employer
    It will result in me losing everything except my priority date
    but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
    in that case I lose everything and need to start from scratch
    Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?

    -chehuan



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  • ronhira
    10-02 03:31 PM
    this is another ANTI IMMIGRANT TROLL ALERT




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  • RNGC
    02-11 03:40 PM
    It worked before...I had uploaded in the NY/NJ yahoo user group. Did someone delete it from there ? Not sure. Anoone know of free sites where I can upload the files ?



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  • gcwaiting17
    08-07 02:31 PM
    Also there are no LUDs on both the cases. Not even a single LUD since the case moved from CSC->NSC. After that we went for FP in Nov. 2007.
    No LUDs for that also.




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  • mhtanim
    06-08 02:44 PM
    Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009

    My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.



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  • uslegals
    11-04 12:31 PM
    Can somebody please advice reg. this..Thanks!




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  • 140jibjab
    01-11 11:06 AM
    When you apply for H4 for the new wife. Make sure you take the follwoing:

    1. Divorce Decree.
    2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
    3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

    All the best

    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.




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  • factoryman
    06-19 01:04 PM
    Last night I didn't stay at the Holiday Inn. FIFO.

    or did you ask for this:
    Step-by-Step Guides



    ADJUSTMENT OF STATUS (I-485)
    Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.


    STEP #1:
    Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.


    a) A copy of all approval notices received from the USCIS


    b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)


    c) A copy of every page of the passport


    d) A copy of your marriage certificate


    e) A copy of the divorce decree from any previous marriages of yourself or your spouse


    f) A copy of the birth certificate for each family member adjusting status with you


    g) A copy of your income tax returns for the past three years


    Please Note: If a document is not in English, then you should provide an English Translation.


    DOCUMENT TRANSLATION INSTRUCTIONS


    TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE


    ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)


    STEP #2
    Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.


    Instructions for completion of Form G-325:
    -Please print legibly. Our legal staff must be able to read your hand-written G-325.
    -Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
    -In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
    -You do not need to sign the G-325, we will type out new forms for you to sign.
    -You do not have a “File Number” or “A Number”. Please leave those fields blank.


    FORM G-325

    Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.


    After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.

    STEP#3:
    Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.


    DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.


    To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf


    MEDICAL EXAMINATION INSTRUCTIONS


    STEP #4:
    Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.

    USCIS Photograph Instructions



    MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
    Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.


    MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

    EMPLOYMENT AUTHORIZATION
    After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.


    The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.


    A foreign national can extend his H or L status even after filing the I-485 application.

    TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
    A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
    • A valid H or L visa stamp in the passport, or
    • Advance Parole authorization
    If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.

    OUT OF STATUS / UNLAWFUL PRESENCE
    If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.



    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil



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  • h1techSlave
    11-30 10:25 AM
    Pretty much every body recommends not sending unwanted documents like all copies of Passport.




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  • GCnightmare
    08-13 09:32 PM
    Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
    Thanks



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  • mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.




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  • papajon
    06-18 02:23 PM
    Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?

    The lawyer said H1 can be extended while the appeal is still pending.




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  • needhelp!
    10-22 05:37 PM
    I can't do it all by myself...




    chanduv23
    01-13 11:32 AM
    Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.




    GC4US
    08-29 12:36 PM
    USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.

    USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.

    I'm not a lawyer by any means, so please use this advice at your own discretion.

    Good luck!


    Thank you so much nefrateedi,

    I feel a little bit relieved now.
    I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.

    Thanks again



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