dupedinjuly
07-18 05:00 PM
You Status date needs to be before USCIS receipt date.
USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
Status date = I-94 Issue date.
You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07
Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?
It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.
I-485 Courier Mailing address for Nebraska Service Center
USCIS Nebraska Service Center
850 S Street
( Ref: P. O. Box 87485 )
Lincoln, NE - 68508
Find out the right Courier address for your service center if its not Nebraska.
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
Status date = I-94 Issue date.
You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07
Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?
It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.
I-485 Courier Mailing address for Nebraska Service Center
USCIS Nebraska Service Center
850 S Street
( Ref: P. O. Box 87485 )
Lincoln, NE - 68508
Find out the right Courier address for your service center if its not Nebraska.
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
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petersebastian
03-31 05:40 PM
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
ck_b2001
09-11 09:03 PM
i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.
sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.
sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.
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fcres
08-16 11:02 AM
I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
more...
abhijitp
06-21 01:59 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
cleopatra
02-17 10:41 AM
You are right. We need to get this to everyone who is waiting for GC.
But Instead of focussing on getting this to everyone, can you focus on getting just two people to participate in this event?
Even if only a few of us do this, this will spread like wildfire by itself. We can make this event a grand success and get what we want.
Spread the word. Participate.
But Instead of focussing on getting this to everyone, can you focus on getting just two people to participate in this event?
Even if only a few of us do this, this will spread like wildfire by itself. We can make this event a grand success and get what we want.
Spread the word. Participate.
more...
japs19
07-17 07:54 PM
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
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dpp
07-11 11:06 AM
I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
more...
diptam
06-10 10:23 PM
The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
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aug2007
02-24 07:53 AM
Thank you theshiningsun and chanduv23.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
more...
InTheMoment
07-17 09:32 PM
XM0625 is the officer id.
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dionysus
01-24 11:37 AM
Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.
Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.
Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.
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dtekkedil
07-03 10:53 AM
I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
Hello sri...
I understand your need to do this right now! But it will be more effective if all those flowers go together! Even if we send them individually... it should be done such that Emilio gets them on the same day!
Set a date for when to send them and either we all send them individually on that day or if IV takes over the funds... let IV mail those flowers on the same day. My opinion is that sending them individually will make it difficult to coordinate. Everyone is busy... and it is quite possible that some of us may forget to mail the flowers!
Besides.. it is easier to just put the money with a central authority and then let that authority take care of sending those flowers on the selected date. That way there is less hassle for those who want to contribute.. that way we get more people to support us!
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
Hello sri...
I understand your need to do this right now! But it will be more effective if all those flowers go together! Even if we send them individually... it should be done such that Emilio gets them on the same day!
Set a date for when to send them and either we all send them individually on that day or if IV takes over the funds... let IV mail those flowers on the same day. My opinion is that sending them individually will make it difficult to coordinate. Everyone is busy... and it is quite possible that some of us may forget to mail the flowers!
Besides.. it is easier to just put the money with a central authority and then let that authority take care of sending those flowers on the selected date. That way there is less hassle for those who want to contribute.. that way we get more people to support us!
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DSLStart
07-28 02:54 PM
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
Do you think something is cooking? ;)
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
more...
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gcnotfiledyet
06-23 02:54 PM
White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
Still unlikely I would not take a word from Gibbs. He never knows anything.
Still unlikely I would not take a word from Gibbs. He never knows anything.
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NH123
10-20 05:41 PM
Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.
Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks
Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks
more...
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nixstor
09-21 09:43 PM
Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.
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srikondoji
09-14 07:21 PM
Guys,
Post a link to the recorded radio interview. I want to listen tonight.
--sri
Post a link to the recorded radio interview. I want to listen tonight.
--sri
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raysaikat
01-19 04:23 PM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
desi3933
03-03 12:30 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
gcwanted101
09-01 03:35 PM
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
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