rima1805
10-14 12:57 AM
I was wondering if an attorney or any user with knowledge / past experience with I-485 MTR can help me understand the status of my MTR.
My story in short:
* EB2 I-485 was applied in July 07
* I -140 was approved in Aug 07 timeframe
* No change in employer, etc. Life as usual.
All of a sudden:
* Received I-485 denial on July 30, '09. No RFE no NOID. PD = Nov 06. Reason stated: underlying I-140 was not valid.
* Obvious USCIS error. I-140 is alive n kicking. So applied for MTR on Aug 14.
* Convinced my attorney to request for expedite based on USCIS error. Got a letter from TSC that the expedite was accepted on Sept 11. Attorney said I should hear in a weeks time, but the letter said within 45 days!
* On Sept 25 there was an LUD on my I-485. Status of MTR still = initial review.
* Got impatient today and called USCIS. Managed to get to level II. The courteous rep told me that on Sep 24 my I-485 was reopened for reconsideration. Online it still says 'denied'.
She also mentioned that the MTR has not been approved yet. Also that she could see a lot of activity going on with my case and someone has been assigned to it, which according to her was a good thing. God only knows what is 'good' per USCIS.
I know it will take ages for the GC, but at least the AP was coming to good use. Now I'm stuck w/o a stamped visa and unable to make business trips either. Can someone share their thoughts on what happens next, if all turns out good with my application.
Sorry for my long post... Thanks in advance for your time.
My story in short:
* EB2 I-485 was applied in July 07
* I -140 was approved in Aug 07 timeframe
* No change in employer, etc. Life as usual.
All of a sudden:
* Received I-485 denial on July 30, '09. No RFE no NOID. PD = Nov 06. Reason stated: underlying I-140 was not valid.
* Obvious USCIS error. I-140 is alive n kicking. So applied for MTR on Aug 14.
* Convinced my attorney to request for expedite based on USCIS error. Got a letter from TSC that the expedite was accepted on Sept 11. Attorney said I should hear in a weeks time, but the letter said within 45 days!
* On Sept 25 there was an LUD on my I-485. Status of MTR still = initial review.
* Got impatient today and called USCIS. Managed to get to level II. The courteous rep told me that on Sep 24 my I-485 was reopened for reconsideration. Online it still says 'denied'.
She also mentioned that the MTR has not been approved yet. Also that she could see a lot of activity going on with my case and someone has been assigned to it, which according to her was a good thing. God only knows what is 'good' per USCIS.
I know it will take ages for the GC, but at least the AP was coming to good use. Now I'm stuck w/o a stamped visa and unable to make business trips either. Can someone share their thoughts on what happens next, if all turns out good with my application.
Sorry for my long post... Thanks in advance for your time.
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willgetgc2005
04-03 01:50 PM
Hello,
Is PERM filed online only or it can be filed by snail mail as well ?
If is filed online, does the attorney get the receipt number immediately ?
If it is filed by snail mail, how long does it take for the attorney to get the receipt number ?
Your response is greatly appreciated.
Regards
Is PERM filed online only or it can be filed by snail mail as well ?
If is filed online, does the attorney get the receipt number immediately ?
If it is filed by snail mail, how long does it take for the attorney to get the receipt number ?
Your response is greatly appreciated.
Regards
mirage
02-24 10:57 PM
nothing is going to happen until we come out of our fear and do something...
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Jagadish1978
07-21 10:50 PM
hi thanks for your reply. I havent applied for 1 485. I want to move out on I 140
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raysaikat
08-24 01:35 AM
There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.
fasterthanlight�
05-20 12:02 PM
Come to think of it... That second one kinda looks like a pnas. :|
Original Image:
Original Image:
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jpreston
December 28th, 2005, 10:10 AM
Can't see them either. When was there a dphoto get together in Indy?
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zeeshanbutt4
02-03 09:59 AM
Mr. karachi wala i have same stiuation , i am currently in us and AP in hand and want to marry there in home country. bring my wife on H-4 and come back to us on AP .
please respond if you already done it sucessfully or you are still in usa. i will really appriciate that.
thanks
please respond if you already done it sucessfully or you are still in usa. i will really appriciate that.
thanks
more...
Marphad
01-14 01:56 PM
Hi All,
Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.
yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.
Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.
yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.
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thesparky007
04-01 12:42 AM
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kirupa
06-19 01:09 AM
Ah - good old FindResource. Glad you figured it out :)
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needhelp!
11-28 03:59 PM
http://immigrationvoice.org/maps/MapNM.html
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number30
04-21 11:49 AM
I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????
h1bdudue1
Yes you are in Status assuming that your H1 will be approved.
h1bdudue1
Yes you are in Status assuming that your H1 will be approved.
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chintu123
12-21 02:04 PM
Hi ,
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
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needhelp!
11-28 03:56 PM
Time to ACT!
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arunkotte
07-22 10:24 AM
One required initial evidence (not medical) was not included in my recently submitted 485. Is it possible to send it now without receipt before 08/17?
If it's possible, what's the proper procedure?
Please kindly share your comments and experience.
What is that initial evidence?
If it's possible, what's the proper procedure?
Please kindly share your comments and experience.
What is that initial evidence?
more...
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calaway42
10-05 01:41 AM
yay! i learned two things today
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H1B-GC
05-07 11:25 AM
Thanks Everybody for your replies! so i will send just the photocopies of my pay-stubs for Visa!!
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kirupa
05-09 12:16 AM
I really like your 3rd and 4th stamps faster :) It's no bother at all. I add stamps every Wed/Fri, so it only takes me about 30 mins to get all of the stamps added up from everyone!
paskal
08-14 02:56 PM
Anyone here whose application was signed by BESCH?
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
welcome to iv btw. you are close enough to DC to come to the rally..better still we need you, please help with pre rally preparations. please be good enough to complete your profile. thanks!
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
welcome to iv btw. you are close enough to DC to come to the rally..better still we need you, please help with pre rally preparations. please be good enough to complete your profile. thanks!
shana04
01-30 07:06 AM
I currently have approved EAD, I-140 and waiting for a Visa number to become available. My receipt date for I-485 was July 2nd 2007 and my notice date was September 27th. My employer is closing the IT department in March. Though it has been 180 days since my receipt date, it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available? Also, will it be Ok if I'm out of a job for a short time while I'm looking for my next job? I sincerely appreciate the help and guidance in this matter.
Thanks
it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available?
No
will it be Ok if I'm out of a job for a short time while I'm looking for my next job?
.
If you are planning to use EAD no problem, but if you are planning to use AC21 with H1B then you need to maintain valid status as specified in your H1B. i.e., if you can mainting the salary specified in your offer letter and if that matches your W2 for the year, then you are ok.
These are my thoughts.
Good luck my friend and I am in process of doing my H1B using AC21
Thanks
it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available?
No
will it be Ok if I'm out of a job for a short time while I'm looking for my next job?
.
If you are planning to use EAD no problem, but if you are planning to use AC21 with H1B then you need to maintain valid status as specified in your H1B. i.e., if you can mainting the salary specified in your offer letter and if that matches your W2 for the year, then you are ok.
These are my thoughts.
Good luck my friend and I am in process of doing my H1B using AC21