wandmaker
04-27 03:24 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
wallpaper Brad Pitt
provine
08-19 05:35 PM
I file pwd around the end of Feb this year. It's still pending. Anyone else is having the same issue? What can I do for this? Ask for tracking number from lawyer and call DOL? Please advise.
I am so frustrated...
I am so frustrated...
kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
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ksarin1
01-13 01:52 PM
I understand what you're saying.
I just want to know what should be done moving forward.
I just want to know what should be done moving forward.
more...
rajabeta
08-02 04:35 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
jonty_11
12-26 11:44 AM
Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession
more...
a_yaja
03-18 04:35 PM
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
[/LIST]
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
[/LIST]
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
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garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
more...
fromnaija
03-18 04:53 PM
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
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ebizash
10-05 02:50 PM
Great!! It is very good for IV's and our future!
more...
vbkris77
04-29 10:01 AM
Recapture and STEM can eliminate the existing backlog including PDs of 2009 EB3I within an year.
But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.
So lets just support this effort of IV unconditionally.
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.
So lets just support this effort of IV unconditionally.
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
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sk.aggarwal
04-05 01:39 PM
Glad you got yours PWD. Mine was filed in first week of Feb .. still waiting ..
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obelix
07-27 03:03 PM
Thanks Kaiser.
Usual suspects :). This might interest you. http://corky.net/scripts/usualSuspects.html
Usual suspects :). This might interest you. http://corky.net/scripts/usualSuspects.html
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sanprabhu
10-02 09:40 AM
Don't go by the online status messages at all. They are meaningless and not connected to your real case status. I think the worker made a mistake in selecting the online case message when they adjudicated your application.
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. 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. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. 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. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
more...
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Dhundhun
03-14 07:22 PM
I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.
If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.
If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.
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sircaustic
07-22 09:50 PM
Responses are welcome...
Thanks!
Thanks!
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newhandle
03-05 12:16 PM
I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."
Thank you.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."
Thank you.
girlfriend Brad Pitt Signs for Tarantino
dreamworld
07-17 04:44 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
hairstyles Brad Pitt departs the
cox
January 31st, 2005, 12:03 AM
I liked the father & son pic too. Some crop will help to emphasize the icy feel too. It's got a happier feel than the others IMHO... We're all our worst critics, so keep your camera and keep shooting ;)
Lisap
08-03 12:07 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
ckichannagari
11-09 04:40 PM
from Texas
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