USCIS Q&A on Pending Employment-Based Form I-485 Inventory
NOTE: The questions/answers below refer to the attachment. Please open the attachment and then read this article.
Q: Why is the wait so long for my employment-based green card?
Q: Why is the wait so long for my employment-based green card?
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
My father in law is a US citizen.He went to India in january 2009.There one of his relative register a false case against him and the Punjab police took away his passport from him.Then the case started in the court.His passport is in the hands of police till now.The judge is just giving him dates.how can he get his passport back? He is still in India.
I checked with Rajiv. He said that a passport is ultimately the property of the issuing government. Punjab police will probably not be able to hold the passport beyond a certain time. We do not practice laws of India (US only). They need to discuss this with local counsel.
Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.
It tooks around 827 days.
Filed in TX and later moved to Ohio.
letter for interview was issued to me and my wife, but duing interview they asked kids to be present, So please make sure kids are with you. Asked for six fmily photos with kids and some school reports( Grades and mark or award) for the file - Please consider this to be with you, during interview.
Thanks...
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Here is my recent H1B stamping experience (early August, 2003) in U.S. consulate in Calgary, AB.
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Based on many posts by users of these boards, I’ve decided to write-up a fairly comprehensive posting regarding ability to pay issues and how to overcome RFE’s, Denials and appeals.
Background:
Law governing ability to pay – 8 CFR 204.5(g)(2)
My H-1B status will expire the last week of January 2013. I cannot file my petition for an extension until after January 1, 2013. Will that be too late to file an extension?
A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.
When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?
If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.
Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?
If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters.
What degrees qualify for EB-2?
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.
Is a transfer possible from a cap-exempt to cap H-1B?
It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.
I was in US from 2003 on F-1. I finished my Ph.D. here and changed to J-1 Status. I want to travel during 2012 summer, but need to go for J-1 Stamping. Do you think it will be a problem? Is there a chance that I might be stopped because of 214(b)?
Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.
I am on an L-2 Visa with an EAD valid until June 2014. I am already a contract employee with an MNC (multinational corporation). Can my company extend an offer of permanent employment to me?
You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.
I have two more years to complete a Ph.D. with a valid I-20, but my Visa expires in August 2013. I want to visit India in June-July 2013. If I come back in July, do I need to apply for F-1 visa (and F-2 visa for my family) extension? Would I have problem in reentry if I have one more month of valid F-1/F-2 visa?
You will need a new visa only if you return after August 2013. Check with your DSO to make sure you have all the appropriate requirements completed.
I am currently in my 7th year of H-1B visa. I work as a software developer full-time with a reputed software and ATM (Automated Teller Machine) hardware company. My perm with DOL just got denied; the reason mentioned was the SWA (State Workforce Agency) Ohio job order does not mention minimum experience requirements. However, the ETA form mentions 60 months of experience, and this does not appraise US workers from applying. However, the lawyer argues that there was no room to mention experience requirements in the Ohio job order.
If indeed there is a defect in the form, USDOL should be able to approve the PERM within a few months upon an MTR. BALCA has put out a number of rulings in the last few months permitting such cases to be approved. In my opinion, it is highly unlikely that the form does not have experience drop down or similar fields. That is just too improbable. The problem may be more complicated than that.
Resource designed to enhance consistency and efficiency of immigration adjudications
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