Mentol Blog's

Where did you get this info? Could you please point out a reference that says so?

Good point, is that really against the law?

I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.

Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .

I left US while under AOS with an expired I-94 and came back with out any problems.

How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

I have an d MTR in the works in TX service center and trying to find how long they are taking these days.

cygent,


Congratulations! I hope your $-485 gets approved soon!

-GCisaDawg

yes, you can say over 90 days, level 2 people they do not care.

Who issued the checks ?? Was it you or your employer ?

My employer has issued the checks

jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.

1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.

2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.

These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.

Good luck

All,

In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...

...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.

best,
Berkeleybee

Well said!

There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!

I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!

Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.

Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.

Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!

Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!

Guys/Gals...
We are keeping on discussing, letting out our frustrution in the forum but I feel that "best bet" to come out of this "GC Trap" is to have Premium Processing of I-485 (as I mentioned in my earlier post) by paying extra money to USCIS and/or increase EB visa's to expedite our "stucked" PD's...

You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.

Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?

I'm glad I asked on this site first before I enrolled at a random graduate school.

the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.

Chandu,

When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.

Good luck.

Yes It applies to new employer as well.

Here is my timeline

on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4


EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.

How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.


Here are two quotes from the Greatest thinker of all times :p-

'The quality of the output of any system is as good as the quality of the input'
- by sanju on IV in 2009

'Any system is as good as the humans operating that system'
- by sanju on IV in 2009



I guess it means we all have to continously do our little part.



.

Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.

Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
On the other hand they can avoid annoying center and independent voters.

There is no problem here.

In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.

Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

OR,

it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..

I have the similar situation, worrying about not getting receipt before expiration date. I called USCIS, the lady told me that as long as I filed before the expiration day, I'm okay to work. If someone else could call USCIS, get different people answer this question, and confirm this, that will be helpful.

Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007

My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd

LUD is 8/12/2007

Does this mean anything ?

How she keep AOS status (I-485) when out of the country for long period, and do not have AP, while go out of the country. She can come on H-4, but, I don't know, she can be on AOS status for green card. Consult a lawyer.
Hello Gurus,

Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.

Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.

Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.

The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???

Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________

I really do not know what to do. I request you all Gurus, please help me to handle this issue.

Thank you.