gc4arun
08-23 03:09 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
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SGP
12-11 04:09 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
RDB
12-21 10:32 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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qualified_trash
06-16 09:34 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
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Chicago Desi
08-18 03:00 PM
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
Another way to milk money off of legal immigrant cash cow.
http://www.immigration-law.com
--must be of great help
-Rao.
Another way to milk money off of legal immigrant cash cow.
Solong
07-21 12:53 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Thanks for your input.
Solong:confused:
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kumar1
09-22 12:22 PM
Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!
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urstruly
07-27 03:32 AM
Can somebody please respond????
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rkat
02-06 11:56 AM
Thanks everybody for your help.!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
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rajeshalex
09-06 10:34 PM
Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..
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rajesh
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Dhundhun
04-29 02:40 AM
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
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rick_rajvanshi
08-19 09:39 PM
Thanks everyone for replies.
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
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dilbert_cal
07-10 12:17 AM
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
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zCool
04-01 05:34 PM
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
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indyanguy
06-30 09:33 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.
I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.
According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.
I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.
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samcam
07-19 12:08 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
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mchundi
09-11 12:40 PM
Hi,
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
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kshitijnt
06-21 12:24 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
Immediately contact your lawyer and get it rectified through USCIS
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
Immediately contact your lawyer and get it rectified through USCIS
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chanduv23
04-28 05:12 PM
A good employer and a good law firm will not have the dirty deals of trying to screw an employee.
It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.
FOIA takes time, but one will eventually get it through that channel also.
It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.
FOIA takes time, but one will eventually get it through that channel also.
coopheal
11-18 06:49 PM
Amazing progress NSC from July 04 - > July 05 :D
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
CRAZYMONK
07-20 02:47 PM
ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
