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Dhundhun

06-09 02:39 PM

I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

Any comments from the wise on this board?

My Understanding:
#1. The Receipt Date has relationship with Processing Date. If Processing Date is not current with respect to Receipt Date, file will not be picked for processing.

#2. When file is picked based on Processing Date and Priority Date is current, USICS asks for a Visa Number from DOS (Department of State). Visa Number is individual specific. USCIS sets Priority Date, but Visa Number is given by DOS and DOS can say USICS to wait, if Visa Numbers are not available.

I am sorry to say that I am still not a wise on this board, but thought, I could comment on it.

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silpa_23

05-19 06:08 PM

Greetings,

In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.

Thanks in advance.

In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.

In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).

Married in 2008.

April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.

May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.

Do I need to re-apply for I-485 and G-235a for the principal applicant.

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greenguru

04-03 12:29 PM

I was in the same situation.

First : Get your new passport.
Then schedule an appointment in the Consulate ( Canada ) and go for stamping.

All canadian Cons. take passport for the scheduling appointment.

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abracadabra102

11-19 08:18 PM

Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.

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meridiani.planum

04-04 01:35 AM

I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.

ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..

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amitjoey

08-21 05:12 PM

I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

Now, I finally made my mind and about to get an offer (after labor day, they say).

The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

My PD is July 31st, 2006.

Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

please advise if the timing (within 3 months) makes sense.

Please also shed light on the permanent intent thing .

Many thanks

With a PD of 2006, how can your lawyer say he is certain about you getting your GC?. Only possible if you were ROW (Not from retrogressed countries) or if you are in the EB1 Category. Do you have an approved I-140?. Please state your nationality, EB-Category and other details.

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upuaut

10-21 01:42 AM

I agree

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Tantrik Swami

November 19th, 2004, 06:37 AM

I have exactly the same problem ... happened to me two days back ... i dont know what to do ... HELP ... and if you guys get a reply from Nikon ... please let me know ... thanks ...


PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(

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fromnaija

01-23 10:39 AM

I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:

No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.

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LongJourny

01-20 06:10 PM

Hi,

I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.

I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance

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little_willy

12-14 01:49 AM

Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.

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pappu

05-23 08:27 AM

This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.

Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
Thanks

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rockstart

07-30 07:21 PM

I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree

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andy garcia

06-15 03:12 PM

If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention

The A# is assigned the first time that you apply for I-485.
It is not the number on I-94. That number is everytime they issue a new one when you enter the US.

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immi_enthu

08-28 09:39 AM

what do u mean by approved labor not signed??

Labour approval is approved by DOL .
It needs to be attached to 140 application.
140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
485 is to signed by you or by attrnoney in case a G 28 is signed by you

is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?

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raysaikat

05-30 10:40 PM

Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!

You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

http://edocket.access.gpo.gov/2008/E8-7427.htm
2. Periods of Unemployment During OPT
DHS regulations currently define the period of an F-1 student's
status as the time the student is pursuing a full course of study at an
SEVP-certified school or engaging in authorized post-completion OPT. 8
CFR 214.2(f)(5). They do not specify how much time the student may be
unemployed, making it difficult to determine when an unemployed student
on post-completion OPT violates the requirements for remaining in F-1
status. As status during OPT is based on the premise that the F-1
student is working, there must be a limit on unemployment, just as the
F-1 student's period in school is based on the premise that he is
actually pursuing a full-time course of study, and there are limits on
how often the student can reduce his course load. An F-1 student who
drops out of school or does not pursue a full-time course of study
loses status; an F-1 student with OPT who is unemployed for a
significant period should similarly put his status in jeopardy.
Therefore, this rule specifies an aggregate maximum allowed period of
unemployment of 90 days for students on 12-month OPT. This maximum
period increases by 30 days for F-1 students who have an approved 17-
month OPT period. In addition to clarifying the student's status, this
measure allows time for job searches or a break when switching
employers.

http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
4.9. Unemployment time

The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.

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pscdk

08-30 08:06 PM

Congratulations babu...good luck!

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chanduv23

12-08 05:29 PM

Come on folks - please contribute towards the efforts

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new2perm

05-28 03:28 PM

Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.

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03-09 09:27 PM

ne1???

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