Post 485-Filing

[vizcard]

Just had a chat with my lawyer on the Visa retrogression and how it'll affect folks whose RFE's are being reviewed. Here is the response. (Verbatim)

This was also an AILA alert that I received, but it may not apply to your case since it was filed several months ago. Generally USCIS pulls a visa number well in advance of a final decision and that is how the numbers are exhausted.

This cannot be true otherwise you wouldnt see Jan filers getting greened.

[codesmith]

Is it mandatory for a employee to notify employer about the status of 485 ?
I mean letting employer know about - received GC or received notice ?
Is there any documentation or procedure employer needs to follow after AOS.

Thanks

[suninphx]

Is it mandatory for a employee to notify employer about the status of 485 ?
I mean letting employer know about - received GC or received notice ?
Is there any documentation or procedure employer needs to follow after AOS.

Thanks

You will need to update I-9 for reflecting your new status.

[codesmith]

You will need to update I-9 for reflecting your new status.

Sun,
I don;t remember using I-9 form before.. Do you have any link or doc that describes this process ?
Thanks

[suninphx]

Sun,
I don;t remember using I-9 form before.. Do you have any link or doc that describes this process ?
Thanks

Whenever you join a company in US you are required to fill this for out.
http://www.uscis.gov/files/form/i-9.pdf

Check with HR , they should be able to tell you more.

[codesmith]

Whenever you join a company in US you are required to fill this for out.
http://www.uscis.gov/files/form/i-9.pdf

Check with HR , they should be able to tell you more.

Thx, I was thinking I'd not tell it to my employer (consulting company) unless they ask about my GC status. I'm little worried about signing any contract with them and I think my employer would try every possible way to make me work for a year or more.

[GCKnowHow]

They cant do much after you got GC. Anyways you can wait till the date of current H1 approval (which should be in I-9).
Also maintaining I-9 is the responsibility of employer, they will get back to you when your H1/EAD is about to expire

Thx, I was thinking I'd not tell it to my employer (consulting company) unless they ask about my GC status. I'm little worried about signing any contract with them and I think my employer would try every possible way to make me work for a year or more.

[vizcard]

Thx, I was thinking I'd not tell it to my employer (consulting company) unless they ask about my GC status. I'm little worried about signing any contract with them and I think my employer would try every possible way to make me work for a year or more.

You don't have a choice in HR-related matters. When you joined, you absolutely filled out an I-9 and used your H1 credentials as work-authorization. Typically, when your current "status" is close to expiring, HR will ask you to fill out a new I-9 with supporting evidence of work authorization. This can be H1, EAD or GC.

The moment you got your GC, your H1 and EAD are no longer valid. Therefore, it might be incumbent on you to inform your employer that the documentation used for your employment previously is no longer valid. Check with HR. This is employment law and goes beyond signing contracts.

[leo4ever]

I9 form is required to verify employee eligibility. I think it might deend on the company too.
Before GC we usually provide a copy of SS card and Passport etc (1 team each from column B and C).
After my GC my employer asked signed I9 form with a copy of GC (mail them and not scan and send in email).

Sun,
I don;t remember using I-9 form before.. Do you have any link or doc that describes this process ?
Thanks

[codesmith]

I9 form is required to verify employee eligibility. I think it might deend on the company too.
Before GC we usually provide a copy of SS card and Passport etc (1 team each from column B and C).
After my GC my employer asked signed I9 form with a copy of GC (mail them and not scan and send in email).

Thanks Gcknow, Vizcard and Leo4ever for your inputs. I'll keep you informed about the progress.

[Sirisha]

On April 3, 2012, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. 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 the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

So can we expect some thing within 60 days, though dates retrogress.
or with in 5 months, as Texas service center processing time shows 8 months....

[nayekal]

So can we expect some thing within 60 days, though dates retrogress.
or with in 5 months, as Texas service center processing time shows 8 months....

I believe, that is only for processing times and if the case has been processed, stll the case will stay in the same status until the PD becomes current. When the PD becomes current, they can approve the case. This is same 4 months processing time for NSC for I485 without an RFE, but will not approve the case until the PD is current.

[JJGCJML]

http://www.immigration-law.com/Canada.html

04/04/2012: Gosh, March 23, 2012 Was a Ominous Date for Indian & Chinese EB-2 485 Applicants or Waiters Whose Priority Dates Are Either 08/15/2007 or Later Date Regardless of April 2012 Visa Bulletin!

According to the AILA, State Department Visa Office stated that effective 03/23/2012, no EB-2 visas for Chinese or Indians have been authorized if the priority date is at least 08/15/2007 or later dates.
Next question is what then happens with the immigrant visa applicants whose applications have been pending pursuant to the April 2012 Visa Bulletin. Apparently, visa numbers have already been allocated for such cases. Accordingly the visa posts will continue to process and issue immigrant visas to such applicants. What about the new EB-485 applications or pending I-485 applications whose visa numbers are current for their priority dates in April 2012 Visa Bulletin? Apparently the USCIS will contine to receive and process EB-485 applications for those whose priority dates are within the cut-off dates in the April 2012 Visa Bulletin. However, their EB-485 cases with priority dates of 08/15/2007 or later dates will be held by the State Department Visa Office as pending files until new visas are available beginning from October 1, 2012, FY-2013. OUCH!!!


SO does this means that all applied before 03/23/2012 is allocated a visa Number and will be Issued GC!!!

[JJGCJML]

This might be more helpfull.

http://www.murthy.com/news/n_visall.html

[usernameisnotvalid]

What are "visa posts"? Are they referring to CP cases?

http://www.immigration-law.com/Canada.html

04/04/2012: Gosh, March 23, 2012 Was a Ominous Date for Indian & Chinese EB-2 485 Applicants or Waiters Whose Priority Dates Are Either 08/15/2007 or Later Date Regardless of April 2012 Visa Bulletin!

According to the AILA, State Department Visa Office stated that effective 03/23/2012, no EB-2 visas for Chinese or Indians have been authorized if the priority date is at least 08/15/2007 or later dates.
Next question is what then happens with the immigrant visa applicants whose applications have been pending pursuant to the April 2012 Visa Bulletin. Apparently, visa numbers have already been allocated for such cases. Accordingly the visa posts will continue to process and issue immigrant visas to such applicants. What about the new EB-485 applications or pending I-485 applications whose visa numbers are current for their priority dates in April 2012 Visa Bulletin? Apparently the USCIS will contine to receive and process EB-485 applications for those whose priority dates are within the cut-off dates in the April 2012 Visa Bulletin. However, their EB-485 cases with priority dates of 08/15/2007 or later dates will be held by the State Department Visa Office as pending files until new visas are available beginning from October 1, 2012, FY-2013. OUCH!!!


SO does this means that all applied before 03/23/2012 is allocated a visa Number and will be Issued GC!!!

[kramacha]

This is exactly what my lawyer mentioned few days ago.

[vizcard]

http://www.immigration-law.com/Canada.html

04/04/2012: Gosh, March 23, 2012 Was a Ominous Date for Indian & Chinese EB-2 485 Applicants or Waiters Whose Priority Dates Are Either 08/15/2007 or Later Date Regardless of April 2012 Visa Bulletin!

According to the AILA, State Department Visa Office stated that effective 03/23/2012, no EB-2 visas for Chinese or Indians have been authorized if the priority date is at least 08/15/2007 or later dates.
Next question is what then happens with the immigrant visa applicants whose applications have been pending pursuant to the April 2012 Visa Bulletin. Apparently, visa numbers have already been allocated for such cases. Accordingly the visa posts will continue to process and issue immigrant visas to such applicants. What about the new EB-485 applications or pending I-485 applications whose visa numbers are current for their priority dates in April 2012 Visa Bulletin? Apparently the USCIS will contine to receive and process EB-485 applications for those whose priority dates are within the cut-off dates in the April 2012 Visa Bulletin. However, their EB-485 cases with priority dates of 08/15/2007 or later dates will be held by the State Department Visa Office as pending files until new visas are available beginning from October 1, 2012, FY-2013. OUCH!!!


SO does this means that all applied before 03/23/2012 is allocated a visa Number and will be Issued GC!!!

No. Read the last line.

What are "visa posts"? Are they referring to CP cases?

Yes.

[khushraho]

One question on spouses working on EAD..Me and my family got H1/ H4 stamped till 2015

I read that the moment they use EAD for working their h4 status ends..so if we need to go out of the country and come back, would it be like I enter on H1 and she using AP to enter?

It looks like a weird situation as AP is only for an year.. Can she enter on H4 in someway?

[usernameisnotvalid]

One guy on trackiit with PD 11/26/2008 just got approved!!

[PDNOV2007]

Gurus - Please share your thoughts and experience ...

Today i am completing 4 months .. Called the 1-800 number and the L1 said she cannot open the SR today and can from tomorrow ... i requested her to transfer to L2, the L2 officer was very good ... After several attempts i got the very good officer today and he told me that my case has been pre-ajudicated on Mar-26 ... What that means??
Is all my bg,namecheck everything completed and ready for approval? I mean my appln. is waiting just for visa number now ??

I really appreciate your responses.

[GCKnowHow]

It says the approval date is 3/17.

One guy on trackiit with PD 11/26/2008 just got approved!!

[GCKnowHow]

It means you are documentarily qualified and will get your GC approved as soon as a visa number is available.
Also I thought the wait time is 90 days to raise SR and not 4 months. Am I wrong?

Gurus - Please share your thoughts and experience ...

Today i am completing 4 months .. Called the 1-800 number and the L1 said she cannot open the SR today and can from tomorrow ... i requested her to transfer to L2, the L2 officer was very good ... After several attempts i got the very good officer today and he told me that my case has been pre-ajudicated on Mar-26 ... What that means??
Is all my bg,namecheck everything completed and ready for approval? I mean my appln. is waiting just for visa number now ??

I really appreciate your responses.

[PDNOV2007]

It means you are documentarily qualified and will get your GC approved as soon as a visa number is available.
Also I thought the wait time is 90 days to raise SR and not 4 months. Am I wrong?

Thanks for your response. For I-485, you can open SR if your application is outside of their normal processing time. For NSC the processing time is 4 months.

[ThatIsAll]

off topic -- Moderators can move to another thread
Does one get tax exemption for a mortgage on a home owned abroad? What if we have mortgage on both home here in USA and in India?

IRS wants NRIs to report their foreign assets. This is in addition to the Foreign Bank Account Report (FBAR)90-22.1 (http://taxes.about.com/od/preparingy...a/TDF90221.htm)
http://articles.economictimes.indiat...ax-return-form

[kramacha]

If anyone looking for an awesome immigration lawyer, send me a private message.
Would highly recommend mine