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My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

-------

If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?

I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

I have found this point please have a look and determine if there is a chance?

VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

ALSO there is a last hope

A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

Please correct me.

Hi god_bless_you,

Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

I am (and most of IV visitors) still without GC and years to go before getting GC.

Any way, whatever, congratulations.

--Dhundhun

OP said "God bless you !!!, I got GC". Not bless*ed*. Those extra two letters might convey the meaning that you suggest. (God blessed you!! , and I got nothing! :) )

But as is (without the 'ed' after bless), the title does indeed convey appropriate meaning ! Its like saying, "May god bless you (too..) , I have been blessed !" .

But anyway, we are splitting hairs here :D . Congratulations to the original poster

what case are you talking about ... is it H1 or 485?

-RR

If all the documents are submitted - court related -- in that case are we good to go?

Pls don't get me wrong but when your prior understanding was that You will join his company in near future, based on which he agreed to file your I-140 even if you have paid, why do you don't want to go by your word?

I know employers suck people like us here for GC, etc. but we as employees should also go by our word. If you stay on your decision to join his company now since I-140 is approved, you won't end up having complications at all.

Besides, it is give-and-take and at the most, you will have to work for a year or so with him.

Good luck.



Hi All-

I have a tricky scenario here, I need some input/guidance.

I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my I really appreciate your response in this regard.

Thanks!!

Bump

what is this bump means???

but does your I-140 need to be approved before you can use your EAD?

NO.U can start using it.But if 140 is denied you cannot renew it.


More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

Thanks..

Yes you can travel on AP.

Last night I didn't stay at the Holiday Inn. FIFO.

or did you ask for this:
Step-by-Step Guides



ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.


STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.


a) A copy of all approval notices received from the USCIS


b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)


c) A copy of every page of the passport


d) A copy of your marriage certificate


e) A copy of the divorce decree from any previous marriages of yourself or your spouse


f) A copy of the birth certificate for each family member adjusting status with you


g) A copy of your income tax returns for the past three years


Please Note: If a document is not in English, then you should provide an English Translation.


DOCUMENT TRANSLATION INSTRUCTIONS


TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE


ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)


STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.


Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.


FORM G-325

Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.


After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.

STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.


DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.


To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf


MEDICAL EXAMINATION INSTRUCTIONS


STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.

USCIS Photograph Instructions



MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.


MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.


The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.


A foreign national can extend his H or L status even after filing the I-485 application.

TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.

OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.



I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

Please let me know.

Thanks in advance!
~Anil

last year his client was in arizona and this year his clieNt is in NJ
looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.

Hi

for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...

just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.

man this is funny...I thought the last line should read while my life goes kaboooom....

If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

The bad part of it in your case is that NC is still pending.

http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

http://en.wikibooks.org/wiki/FBI_name_check

same situation...

sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

You may get your green card with out giving a new set of finger prints. Sometimes, you will get the green card first and then they ask you to give the finger prints if necessary.

In my case, I didn't have to give FP for receiving the physical cards.

Hi All,

After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

following is the current status in the online status of my 485:


Post Decision Activity

On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

http://picasaweb.google.com/niloufer78/DFWDiwaliMela2007

Processing Time Upated

https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

I am not a lawyer , and this is not a legal advise.

According to my study , and talk with some lawyers .. Yes it could be same.

But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.

Eg .

You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.

Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.

Talk to Ur attorney about the points i mentioned.

Yes, it's indirect deduction.
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.

Junky and ItIsNotFunny, I gave you Green for motivating the members to call. Good job.
I called Congressmen/women on the List today and also had called them earlier.