nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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like_watching_paint_dry
08-23 11:04 AM
All that has changed lately. Quite a few people have gotten off easy some years ago but NSC and even other service centers has been enforcing EB2 requirements without mercy these days. A lot of those 3 year degree types are getting I-140 denials, especially those who got greedy and applied in EB2. I've even read about a few cases of denials in EB3 for these people. So dont worry too much about those kinds of people eating our lunch going forward. They will most likely be looking for good deals on their return tickets.
dreamworld
10-26 11:57 AM
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.
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immitul
07-13 08:48 PM
Your I-485 application could be nearing approval, as your priority date is current, and you are with in the USCIS processing time frame.
more...
bkarnik
04-20 05:29 PM
I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
honge_kamyaab
11-15 11:45 AM
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
more...
jeny
08-05 01:58 PM
please be more specific ,which interview??
Visa Interview(for green card)
Visa Interview(for green card)
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leoindiano
02-06 01:04 PM
looks like this is what happening...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
more...

claudia255
03-24 05:47 PM
Thank you Mark!
You did an excellent job. Your explanations were very clear and probably made sense for someone who is not familiar with EB immigration issues.
Thanks!
You did an excellent job. Your explanations were very clear and probably made sense for someone who is not familiar with EB immigration issues.
Thanks!
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sonline
05-20 06:01 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
more...

sury
11-07 10:26 AM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
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nixstor
12-04 10:28 AM
you should in fact thank the system for letting you to continue on H1 ..
oh really! may be you should remain on H1 for ever.
oh really! may be you should remain on H1 for ever.
more...
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akred
03-26 07:52 PM
Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).
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WeldonSprings
02-25 03:01 PM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.
The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.
more...
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scorpion
02-01 02:19 PM
I think you are good.
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texanmom
08-31 12:58 PM
You guys are all silly! But thanks for the much needed amusement factor! I had a good laugh reading all your posts!
more...
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santb1975
03-24 12:49 PM
I wish I did one of these in So.Cal
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harryom
04-10 11:16 AM
Gurus:
I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.
Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.
Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
Question2: Do I need to update USCIS with new passport#, if Yes..how?
Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.
Any suggestions/advice..please share it if any one had similar experience..
Thanks
I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.
Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.
Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
Question2: Do I need to update USCIS with new passport#, if Yes..how?
Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.
Any suggestions/advice..please share it if any one had similar experience..
Thanks
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meridiani.planum
02-01 11:23 PM
Guys
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
DallasBlue
09-25 11:03 PM
IMPORTANT
---------
Texas IV Members Conference Call
--------------------------------
WHEN: Saturday, September 29th, 2007 @ 12:00 PM NOON
HOW TO DIAL IN?
Call this number - 785-686-2400
And enter PIN you got from texas IV yahoo group
---------
Texas IV Members Conference Call
--------------------------------
WHEN: Saturday, September 29th, 2007 @ 12:00 PM NOON
HOW TO DIAL IN?
Call this number - 785-686-2400
And enter PIN you got from texas IV yahoo group
eb3_nepa
08-14 02:47 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
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