upendra
07-09 12:46 PM
Hi ,
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?
Thanks in advance !!!!!!
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?
Thanks in advance !!!!!!
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seeking_GC
05-15 08:01 PM
This is great news- has it already been introduced in the house? What are the next steps?
sandy_anand
11-10 04:07 PM
Instead of thinking of filing a lawsuit immediately, which could be expensive in my opinion, you should think about filing an MTR - Motion To Reconsider.
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Circus123
10-26 07:16 PM
Thanks!!!
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Intel
10-05 01:07 PM
Hi!
I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.
I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.
It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.
I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition
Q. How do I establish residency?
A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
http://www.utexas.edu/student/admissions/residency/resfaq.html#q1
Thank you for all your help! - Remember I am in CALIFORNIA not TX.
I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.
I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.
It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.
I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition
Q. How do I establish residency?
A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
http://www.utexas.edu/student/admissions/residency/resfaq.html#q1
Thank you for all your help! - Remember I am in CALIFORNIA not TX.
gk_2000
07-12 04:10 PM
Could anyone explain to me what this means (from aug visa bullettin):
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
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SpookyH1Alien
10-26 12:28 PM
That clears it. Thanks for all your help!!
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purgan
04-04 08:52 PM
HI All,
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
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Hfour
07-07 03:26 AM
Hope this info helps.
Hi ameryki, this is probably what she was referring to in QUESTION #2.
http://immigrationvoice.org/forum/all-other-green-card-issues/115421-very-important-new-traps-aliens-filing-green-card.html
Hi ameryki, this is probably what she was referring to in QUESTION #2.
http://immigrationvoice.org/forum/all-other-green-card-issues/115421-very-important-new-traps-aliens-filing-green-card.html
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Cheran
07-02 09:47 AM
Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
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dvb123
01-11 09:10 PM
I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
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acecupid
09-20 01:57 PM
I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?
Please provide your valuable opinion.
Thanks
You can definitely save money by doing that. I had to keep my car in storage for an extended period when I was away and I just kept the comprehensive part of the insurance coverage and removed all others including collision since I was not driving it. The cost of insurance with out the collision, etc. is very low.
Please provide your valuable opinion.
Thanks
You can definitely save money by doing that. I had to keep my car in storage for an extended period when I was away and I just kept the comprehensive part of the insurance coverage and removed all others including collision since I was not driving it. The cost of insurance with out the collision, etc. is very low.
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Suva
08-08 01:02 AM
I think WorldMed insurance is excellent. Check this...
http://www.travelinsure.com/what/wmedhigh.htm?32701
http://www.travelinsure.com/what/wmedhigh.htm?32701
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bestin
10-05 03:19 PM
ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D
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FLYPIG
10-16 04:41 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
800k will make majority jumping and fighting.
what is real number again??
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cr52401
02-14 09:34 AM
I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.
Thanks for your reply. Do you think even when my visa number is available, they still put the file on hold until they approve the second 140? The second EB2 filed in December in TCS. So I need to wait long time to get it approved!!
My company attorney really dont know a lot about this issue. I guess I need to speak with a good attorney.
I hope we can get some help from people here.
Thanks.
Thanks for your reply. Do you think even when my visa number is available, they still put the file on hold until they approve the second 140? The second EB2 filed in December in TCS. So I need to wait long time to get it approved!!
My company attorney really dont know a lot about this issue. I guess I need to speak with a good attorney.
I hope we can get some help from people here.
Thanks.
more...
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nirenjoshi
03-16 10:12 AM
I'd like to see expert/legal opinion, but from my limited understanding -
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
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grinch
05-10 09:48 PM
Yeah I noticed you like his little errors heh? Hahah nice concept!
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img86
10-08 02:54 PM
But I dont have H1 status. Currently I am in L1, however I have H1 approved petition which was filled by a consulting company.
So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.
So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.
baldev.thakur
06-24 02:31 PM
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Rajwaitingon140
09-21 04:51 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
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