RDB
08-03 08:01 PM
True - that's exactly what the Adjudicating Officer told me today when I went in for the Interview :)......They want to avoid another July 2007.
So, for efficiency, they are just pre-adjudicating some of the applications; so that, they don't get overwhelmed when dates move forward - they simply have to press the button for 'Card production ordered' message!
In fact, the officer told me that he has 'approved' my application and will have to just wait for the dates to become current to get the actual plastic - also for fyi.....they can also deny the application instantly or request more evidence or call for a follow up interview. They actually give you a letter indicating what happened during the interview (it obviously doesn't say your application is approved - but it will explicitly say whether your application needs a follow up interview or additional evidence).
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
So, for efficiency, they are just pre-adjudicating some of the applications; so that, they don't get overwhelmed when dates move forward - they simply have to press the button for 'Card production ordered' message!
In fact, the officer told me that he has 'approved' my application and will have to just wait for the dates to become current to get the actual plastic - also for fyi.....they can also deny the application instantly or request more evidence or call for a follow up interview. They actually give you a letter indicating what happened during the interview (it obviously doesn't say your application is approved - but it will explicitly say whether your application needs a follow up interview or additional evidence).
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
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indyanguy
10-02 08:25 PM
i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...
I want to become a believer in your 3.a. statement... please let me know what you think.
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
I want to become a believer in your 3.a. statement... please let me know what you think.
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
WithoutGCAmigo
06-18 11:04 AM
When the EAD and AP dates processing dates are backlogged, there isn't much advantage to early filing.
WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.
To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now
IV memeber experts - should be on the way to throw more light / clarify
good luck
WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.
To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now
IV memeber experts - should be on the way to throw more light / clarify
good luck
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BharatPremi
12-12 12:03 AM
Did you mean "strategic"?
Thanks for failing me in spell test. :) Yes, please.
Thanks for failing me in spell test. :) Yes, please.
more...
minimalist
04-05 09:38 AM
That is not an issue You can freely go. Almost no questions about job when using AP. I used it 3 times so far. f some one randomly asks, may be you can mention that you used AC21.
I had a question on the experience at POE if one has used AC-21 and working for an employer who is doing the W-2 but the person actually works at the client site.
All the posts I see here have been that people were randomly questioned on POE about whether they are still working for their sponsoring employer or not?
What about my case? I had filed I-485 during July fiasco, had an approved I-140 then. Changed jobs on EAD using AC-21 in Oct 2008, and again changing now second time.
The first change I did was when I was working with the same employer who had given me
the EVL.
I never travelled out of US during this time.
Now I will be working at a client site, which is different from the employer's address. Just want to know if there could be any issues?
Or is it advisable to not go to India until GC comes... which could be infinite number of years...
I had a question on the experience at POE if one has used AC-21 and working for an employer who is doing the W-2 but the person actually works at the client site.
All the posts I see here have been that people were randomly questioned on POE about whether they are still working for their sponsoring employer or not?
What about my case? I had filed I-485 during July fiasco, had an approved I-140 then. Changed jobs on EAD using AC-21 in Oct 2008, and again changing now second time.
The first change I did was when I was working with the same employer who had given me
the EVL.
I never travelled out of US during this time.
Now I will be working at a client site, which is different from the employer's address. Just want to know if there could be any issues?
Or is it advisable to not go to India until GC comes... which could be infinite number of years...
malaGCPahije
05-07 11:34 AM
Why are we discussing this subject when it will do nothing to take us closer to getting the GC? In almost each social event, I have heard this subject being talked by my fellow friends. But discussing it on IV forum does not serve much purpose.
To me, it seems in the conversations about this subject (not just this thread, even in social events), each person is trying to find a group of people that agree to his or her thoughts. That makes the group then feel better. But what do we all do the next day, pray that we get the GC fast. People who want to really go back to their country do not take much part in these discussions. They just pack up and go.
If we are spending any time on IV, it should be focussed on our effort to get the GC. Or to help someone of us facing an immigration related issue.
To me, it seems in the conversations about this subject (not just this thread, even in social events), each person is trying to find a group of people that agree to his or her thoughts. That makes the group then feel better. But what do we all do the next day, pray that we get the GC fast. People who want to really go back to their country do not take much part in these discussions. They just pack up and go.
If we are spending any time on IV, it should be focussed on our effort to get the GC. Or to help someone of us facing an immigration related issue.
more...
NolaIndian32
11-18 01:36 PM
Maybe I am wrong, but isn't the regulation specific to state that required filing fees must be paid by the employer? There may still be attorney fees which may be borne by the employer or the employee.
As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.
As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.
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pappu
02-25 09:52 AM
has anyone noticed lately, ever since the July 07 fiasco... there hasn't been anything on radar from IV..what's happening..not trying to belittle efforts from IV..but guys most of us are waiting to hear from you..
Incorrect. Please go back and see old threads for action items. Just because you do not see any action item right now, you cannot flush down all our hard work in the last 2 years. You are enjoying your 2 year EAD because of the hard work of our Admin fix campaign in 2008. Please stop blaming the organization. If you wish to lead it, come forward and take charge of your state chapter as a start, lead and deliver results. IV is everyone and each member's responsibility.
Incorrect. Please go back and see old threads for action items. Just because you do not see any action item right now, you cannot flush down all our hard work in the last 2 years. You are enjoying your 2 year EAD because of the hard work of our Admin fix campaign in 2008. Please stop blaming the organization. If you wish to lead it, come forward and take charge of your state chapter as a start, lead and deliver results. IV is everyone and each member's responsibility.
more...
confu
10-06 11:11 AM
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.
I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.
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mrsahaayam
03-15 09:20 PM
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
more...
dummgelauft
07-01 09:59 AM
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
..and why not EB2 to EB1 and EB1 to EB1-NIW..and so on...
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
..and why not EB2 to EB1 and EB1 to EB1-NIW..and so on...
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reddog
02-23 11:06 AM
I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Well, if Hollywood had any needs of his kind of music, they wont stop. they will go and hire people from anywhere in the world if the film required it.
plus, please do not forget that the US makes music that is appreciated the world over. so, there is no shortage of talent here or in europe which is easily accessible to producers here.
and why does AR rahman need to be appreciated by the hollywood guys for us to feel better. We feel better cos he was recognized, time does not matter.
This film had an indian backdrop and the director felt comfortable to go with the local talent, one of the best in the world and still local. win-win
also, the class of music that south asia produces is completely different from the taste of music that the europeans had.
Globalization is changing that. and yesterday night was a proof of that.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Well, if Hollywood had any needs of his kind of music, they wont stop. they will go and hire people from anywhere in the world if the film required it.
plus, please do not forget that the US makes music that is appreciated the world over. so, there is no shortage of talent here or in europe which is easily accessible to producers here.
and why does AR rahman need to be appreciated by the hollywood guys for us to feel better. We feel better cos he was recognized, time does not matter.
This film had an indian backdrop and the director felt comfortable to go with the local talent, one of the best in the world and still local. win-win
also, the class of music that south asia produces is completely different from the taste of music that the europeans had.
Globalization is changing that. and yesterday night was a proof of that.
more...
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Widget
11-09 06:24 PM
1/09/2006: Priorities for Lameduck Congress
* Report indicates that overhauling immigration may be in the list of the Democrats priority and President Bush has also expressed his readiness and willingness to go along with the Democrats on the legislation. Immediately after the result of the election became obvious, apparently the President called into the White House the leaders of GOP to discuss the priorities for the Lameduck session.
* Taking such discussion and the President's meeting with Rep. Pelosi, future Speaker of the House and exhange views on priorities for the two parties as a positive signial, the immigration stakeholders started igniting some hope, albeit uncertain, for potential action by the Congress and are cautiously preparing for their move in support of the immigration legislation. For the report on meeting between the President Bush and Rep.
* Report indicates that overhauling immigration may be in the list of the Democrats priority and President Bush has also expressed his readiness and willingness to go along with the Democrats on the legislation. Immediately after the result of the election became obvious, apparently the President called into the White House the leaders of GOP to discuss the priorities for the Lameduck session.
* Taking such discussion and the President's meeting with Rep. Pelosi, future Speaker of the House and exhange views on priorities for the two parties as a positive signial, the immigration stakeholders started igniting some hope, albeit uncertain, for potential action by the Congress and are cautiously preparing for their move in support of the immigration legislation. For the report on meeting between the President Bush and Rep.
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gc_aspirant_prasad
08-15 11:48 AM
If this is so, how do folks who have used AC21 handle this ?
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aznj123
05-13 01:15 PM
They should have some logic regarding PD's (INDIA).
EB1 - Current
EB2 - April 2004 (4 YEARS Between 1 & 2)
EB3 - November 2001 (2.5 YEARS Between 2 & 3)
Why there is so much diff between each category.
AZNJ123
EB1 - Current
EB2 - April 2004 (4 YEARS Between 1 & 2)
EB3 - November 2001 (2.5 YEARS Between 2 & 3)
Why there is so much diff between each category.
AZNJ123
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johnggberg
07-18 04:00 PM
dude you dont get this kind of oppertunities again and again, do a register marriage and get her on h4 and apply for 3rd stage
dont miss this oppertunity
dont miss this oppertunity
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vikki76
04-08 02:01 PM
Gandhi was in S Africa for how many years before he returned to India? If he hadn't been humiliated in S Africa and didn't decide to perform Satyagraha-who knows what shape our freedom movement might have taken?S Africa made Mohandas a "Gandhi"
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
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gc101
07-19 01:57 PM
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
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feedfront
08-20 05:16 PM
I faxed to 2 Senators from CA and 1 Representative.
Good Luck!
Good Luck!
tooclose
08-11 10:30 AM
Thanks nrk. I am keeping my fingers crossed. I was current for two months in 2008 but did not get. So hoping for the best this time but again I would not be surprised if I don't get it, especially looking at USCIS/DOS works.
I was current in 2008 and then got RFE for me and for my spouse in 2008. We provided the evidence then. The status changed from RFE to RFE Review on Aug-1-2010.
I was current in 2008 and then got RFE for me and for my spouse in 2008. We provided the evidence then. The status changed from RFE to RFE Review on Aug-1-2010.
mbhang
04-08 02:32 PM
If there is unity, and all of us walk out with all our money, this would definitely get the attention of the lawmakers.
I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.
I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.
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