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  • andy garcia
    11-07 02:24 PM

    I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?

    yea...I did search this and some of the other forums :confused:


    Taken from: Yates Memorandum (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf)
    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

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  • sbvw76
    10-31 12:15 AM
    We don't have SSN for my son. His age is 7 years. Can we get EAD for him and apply for SSN?

    If yes, what should be the minimum age?

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  • LA_visa_girl
    09-18 11:57 AM
    I entered the US on H4 visa. Last year I got my H1b approval but my I797 came with without the I94. When I went to apply for SSN they said they need the I94. My employer's lawyer said a change of status has to be applied for that but that can be done only once I have a job/paystubs.
    Is that true?
    But obviously I cannot have a job when I am actually back to my h4 status right now and cannot apply for my SSN.
    What is required to apply for change of status from h4 to h1?
    Are there chances of it getting rejected(since we have been hearing of so many petition rejections these days)?
    Any help is greatly appreciated.

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  • senk1s
    09-12 02:21 PM
    to send applications to a wrong center and they'll(USCIS) move it around.
    I'm not sure of the dates, someone else might reply

    was your 140 approved at TSC? i read somewhere that 485 goes to the same place where 140 was approved. you may want to ask your attorney why they sent to TSC


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  • waitingnwaiting
    03-31 09:01 AM
    There is an error in the article.
    It does not say that H1B workers lack any courage and will power to stand up for themselves. They lack unity, are narrow minded and cannot work together. Their high education works in their disadvantage because they use to fight within themselves. As long as they cannot stand up and support their own cause, it is good news for anti-immigrant organizations.

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  • thota
    10-28 08:51 PM
    I also received the same message for my i485 application. Still have not recvd it. Anu updates from your end ?


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  • dhiruseh
    07-31 08:57 AM
    Please remember here that earlier employer could use ur I140 for other employees but that rule was also changed in 2008. I140 once approved, you keep I140.

    Revoking I140 is not good for employee as it is his application to USCIS in this process and will put him in problem for other employees sponsorship.

    Chances are remote.

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  • eakina
    09-22 10:17 AM
    I want to apply for AP but I'm not sure if I qualify and I don't want to get rejected as I cannot afford to lose the money. I am here on F-1 visa and got married and subsequently have applied for I-485 and got receipt for it.
    1. Can I apply for advanced parole?
    2. I want to go home and visit family and/or have AP in case I need to leave. Is this a valid reason? Is this what I write as my reason on form?


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  • amitnaik
    08-22 05:45 PM
    I will appreciate input/s regarding folloiwng:

    Here are the details:

    Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though have two masters (both rec'd prior to 2003) i had filed under EB 3 (no one to balim it was just me...was not proactive enough/not enough guidence from the lawyer)

    With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.

    Need help/input with folloiwng from the gurus:

    1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.

    Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).

    2) With premium processing, how long it takes to get I140 approved?

    3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.

    4) How long it takes to get case approved (I485) after i140 is approved?

    Again, appreciated your help and Thank you in advance.

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  • Mahatma
    08-21 04:37 PM
    Dear Immigration lawyer and fellow Ivians,

    I received GC with my wife and one minor son. Other minor son's status did not change. Today I am seeing following hard LUD on my son's I-485.


    Current Status: This case has been sent for a standard interview.

    On August 21, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service.

    Do I need to worry? Normally for employment based adjustment of status, interview is not required. Could this be USCIS error? Do I need to do anything?

    Thanks for your help and advice!


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  • jliechty
    March 3rd, 2005, 07:47 AM
    I think this would be improved by cutting off the top part of the sky, where the blue is showing through and the clouds are burnt out. Try scrolling down in your browser just enough so that the top of the image isn't showing to try it out. :)

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  • wandmaker
    01-02 02:48 PM
    Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)

    No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.

    BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.


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  • docker
    06-09 05:43 PM
    can somebody answer my questions or point me to a resource?

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  • Ash80
    05-21 03:38 PM
    Hi there.. I need some suggestions from you all. Please help.

    I have applied for a green card thru my husband (we got married in Sep and applied for the green in Dec). Both of us are well qualified and are working. We submitted all the documents that are needed thru my lawyer. My finger print appotinment went fine. USCIS wanted some additional evidence for I 485 which they initially sent to us in Jan and we never received it but we followed it up and got the notice 3 weeks ago. They wanted us to submit recent tax return form (my husband's) which is 2008. For 2009 we are filing together and my husband hasnt received his K1 forms yet (he is self employed - Physical therapist) so we filed for an extension of time for filing which he usually does every year. We submitted last year's tax return (both his and mine), extension form that we submitted to IRS, additionally we submitted my W2, my pay stubs and a letter from my employer about my employment. Last week we received a denial notice for I 485, I 131 and also for travel document. The reason mentioned was we didnt submit the evidence they asked for which is federal tax return form for the most recent tax year. For us its 2008 and for 2009 we submitted the extension form. My lawyer is going to submit a motion to reopen. Any one had similar situation? Please help.

    For I 130 (which is not denied but is placed on hold for additional evidence), they wanted more evidence that we are still married! which came along with the denial notice. We have all the documents that they wanted. Also we are going to have a baby in AUG, so submitting a letted from my clinic too. This should be sent sometime next week.


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  • GC4US
    01-31 11:39 PM
    Could someone help me with this issue, please?

    I applied for I-140 and I-485 in August 2007...my PD is sept. 2005, Eb3....
    ...I saw online the following message for I-140( I don't know what RFE was about:

    Current Status: Response to request for evidence received, and case processing has resumed.

    "On January 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done."

    My notice date for I-140 is Oct. 4th 2007 and receipt date is August 16th 2007...I've done my fingerprints in december 2007...my question is:....
    ......does it mean that Uscis will approve or deny I-140 within 60 days like they said above...even though the processing times for I-140 in Nebraska is Jan 2007?
    What does the above message mean?
    Does this mean Uscis is working on my I-140?
    Could someone clarify this please? Anyone faced a similar situation?

    I would highly appreciate your reply.
    Thanks in advance!

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  • hnordberg
    June 12th, 2004, 12:28 PM
    The one with the girl and the waterfall is a masterpiece! It makes me curious about the situation. Where was it taken?


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  • gc28262
    12-01 08:08 AM
    Nebraska Service Center mailed I-131 approval notices for me and my wife on 28th Oct. But we never received them. Its been a month now. So, I called USCIS today morning and they say I need to reapply for I-131 for my whole family because some one else might have picked it up.

    I called up post office. They say they have no mails on hold.

    Is reapplying the only way out?

    This happened with me with Texas service center. They insisted they had sent it. But in reality they never sent it. I was told the same "You need to apply for a fresh one. That is the only way out of it." I was determined not to pay fees a second time for no fault of mine.

    Details below. (Not sure about NSC though)


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  • waitnwatch
    12-30 06:33 PM
    The fingerprinting is generally scheduled to give enough time to the personnel at the center to do their job comfortably and not have a large waiting line. From my experience I found that the scheduling is loose and so the folks at the centers can accomodate an extra person very easily. Also these are contractors who get paid by the number of cases so they are okay with doing a fingerprinting if you turn up on an unscheduled day.

    The best bet is to turn up on a weekday. I did this for both myself and my wife as we were headed to India the day our fingerprinting was scheduled. There was no one in line and the whole process took at most 10 minutes.

    Hope this helps

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  • gcloner
    04-15 01:00 AM
    You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.

    Be more clear in your questions and someone will reply.

    sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????

    09-11 09:03 PM
    Go to

    For DBEC search using the Keyword - Teamexceed
    For PBEC search using - Philadelphia Backlog Elimination Recruitment Center

    04-09 08:55 PM
    I'm on currently on H1b (NO EAD). I'm applying for another job with a different company and came across the below question in thier Job Application. I don't know if the other company is willing to transfer my H1, but I would like to apply and prove myself in the interview.

    If hired, can you submit verification of your legal right to work in the U.S.?

    Should the answer be YES or NO? Can my current H1 be used as a proof of legal right to work???

    I'm also required to acknowledge the below statement as part of the application.

    I am aware that, as a condition of employment, if employment is offered, I must be authorized to work in the U.S. and demonstrate that authorization as required by the Immigration Reform and Control Act of 1986.

    Appreciate if anyone of you can clarify this.




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