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Friends Need Advise Please!

My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.

Any answers would be greatly appreciated.

there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.

What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????

Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

Congressman can't help in ending this "humanitarian" trauma while I am still alive?

You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.

God Bless Our Family

to everyone willing to contribute to the efforts
please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!

i heard they have some medical transcription company in detroit region

Ganguteli and Saxena...

Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!

I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

1) Is it safe to change one's residence(different state) ?

2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

Thanks


It is advisable not to move until you get fingerprinting notice.

The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.

I agree

Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.

my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees


What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?

While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.

Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...

USCIS # (800) 375-5283

I like all the faces!!! :p

Ha Ha ;):D:o:):(:confused:

Stop this spreading without proof.

Does anyone have any idea what the code stands for.

485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3

Code 3 means "Fingerprinting, signatures and photos will be taken"

It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

Please call your Senators to co-sponsor/support this bill.

Senator Menendez in charge of this...looks like Fox guarding the hen house. I suspect he is more interested in hostage taking "employment-based immigrants " for his
"comprehensive immigration reform". Dream act advocates know this and are openly attacking the "frenemies" or "two-faced" pro-immigrant politicians and Senetor Reid in the democratic party.

something new, I did not know that.

BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.

A slightly off topic - but how did you know that your 485 was approved ?

Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.

It worked well in my case.
The HR Head of InComm wrote to me asking me to reimburse the money. They sent a Fedex to my home asking me to reimburse including the cost of the Fedex.

I talked to the DOL and they said, i can reply to the email informing about my conversation with DOL.
I did that and I never heard back from the HR VP. Probably no one ever challenged these guys and they were exploiting people. In fact a guy paid $15K for the green card processing to this company.

-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

I wonder how people will come up with such questions, i never even thought about it. And i dont think it's a problem. It's just my opinion per my experience.

When you are not that smart how come you applied for EB2 ??
I smell an anti here.!!!

Mr.Smuggy - Easy buddy. Relax.

I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?

There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.