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  • InTheMoment
    02-20 04:05 PM

    You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?

    If that is the case maybe I'll just land up there instead of mailing it.

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  • Legal_In_A_Limbo
    04-28 08:27 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.

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  • snhn
    10-23 05:30 PM
    no finger print notice either. But I have heard that take a couple of weeks after the EAD and AP approvals. Some of them got them before the AP approvals came. its weired how they work..

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  • gcputtu
    11-01 04:48 PM
    Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
    He is yet to apply for my PERM.

    Even i'm curious to know if there is a way to track it other than employer/attorney creating a sub account. I'm dead sure they would not create one :(

    Please let me know if you get to know.



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  • gc_on_demand
    06-02 07:04 PM
    This message has been corrected.

    Shouldnt the title include petitions filed by one particular law firm:
    'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
    (its a little misleading & intimidating to know 'ALL' applications)

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  • GreenMe
    06-17 04:16 PM
    Hello Leo,

    I am not a lawyer so don't take my word ... but this is what I have heard.

    Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...

    You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.

    Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.



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  • mikemeyers
    11-07 01:57 PM
    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?

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  • roseball
    07-20 05:02 PM
    I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

    I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
    When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.

    Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...


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  • alseethis
    09-19 11:09 AM
    This is by far the most hostile forum I've been....
    Maybe because everybody is frustated by immigration laws.
    You have to be carefull with anything you say here, because someone come up bashing you because you didn't did something...

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  • gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.


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  • Ramba
    08-07 03:44 PM
    I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

    What are my options?

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?

    I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

    Any other suggestions. If there are tax implications, I would appreciate some feedback.

    Thanks for the service.

    It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.

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  • gc_chahiye
    11-29 05:21 PM
    I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".

    Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.

    sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy ('s_law).
    Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)

    Also, depends on what the RFE is:
    * if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
    * If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
    * If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.

    If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...


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  • desi485
    07-28 05:45 PM
    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.

    sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.

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  • ajay
    03-10 03:31 PM
    Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

    Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
    We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
    Please mail any of your queries to our customer support team at

    Also the remittance options menu has disappeared.

    I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.


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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".

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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet


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  • GC4US
    10-31 05:11 PM
    See my signature

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  • waitingnwaiting
    05-16 02:42 PM
    PD June 12, 2006 NSC
    Waiting for my spouse's GC (dependent)

    I got mine (primary) over the weekend. Any one else in same boat ?
    Me and my spouse didn't applied together, I added her in 2008.

    Happy to see more approvals. You should think about contributing to IV that helped you in your green card journey

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  • jamesbond007
    12-08 04:39 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
    There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.

    Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.

    07-22 10:03 AM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) ( 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.

    Thanks for your advice.
    Form g-639 has 3 request types
    1)Freedom of Information Act (FOIA)
    2)Privacy Act (PA)
    3)Amendment of Record (PA only)
    Which option I should choose (I guess (1) but want to confirm)?

    Also do I need to answer question 6 and send a copy of my identity along with g-639?

    09-23 07:05 PM

    Information on how to read the report
    Questions & Answers: Pending Employment-Based Form I-485 Inventory

    Q: Why is the wait so long for my employment-based green card?

    A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

    Q: How can I determine my place in line based on my priority date?

    A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

    The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

    The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

    Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.

    Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

    A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.

    Q: What information do I need to have before using the pending Form I-485 inventory reports?

    A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.

    Q: How do I read the pending I-485 inventory reports?

    A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

    Q: Can you tell me when I will get a visa?

    A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.

    Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

    A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.

    If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.

    Q: How do I know how many applicants from my country have an earlier priority date than mine?

    A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

    To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.

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