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  • GCSOON-Ihope
    06-14 04:57 PM
    On what basis does I-485 get processed?
    Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

    Or by luck of the draw?:cool:

    The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...

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  • optimystic
    04-22 03:49 PM
    I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.

    That particular date of July 11 at NSC is for EB I-485 !

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  • desi3933
    07-31 04:11 PM

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.



    1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.

    2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.

    The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.

    Good Luck.

    Not a legal advice.
    US Permanent Resident since 2002

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  • friend99
    10-09 09:46 PM
    Everything ha0s been done through a Lawyer, I mean my application was applied through a Lawyer and still rejected for no reason!


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  • coolest_me
    05-08 12:34 AM
    I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

    We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.

    Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

    With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.

    Please suggest how we can handle the Medical RFE ?

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  • mmanurker
    10-17 03:11 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.

    apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.


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  • supreet
    06-07 04:42 PM
    Hi Surpreet,

    Did you explore more on ARRA? Is it OK to take that benifit during AOS?

    Hi Dhundhun,

    Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
    For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.


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  • Ann Ruben
    07-05 09:02 PM
    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.

    I hope this information is helpful,



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  • mayurcreation
    04-18 08:11 AM

    Dear Sir or Madam:

    We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.

    In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....

    During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.

    Mr. XXX was employed throughout on a full-time basis, 40 hours per week.

    Very truly yours,


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  • rajeshbillabong
    09-24 09:08 PM
    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.

    OK ... what is your solution ?


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  • birdwing
    10-10 11:55 PM
    ummm... the entries list link you have here goes to "the orange contest" entries list

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  • newlife2
    09-19 10:12 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.

    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.


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  • meridiani.planum
    06-17 09:38 PM
    Thanks to every one for considering my message and answering to the questions.

    Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.


    See here:
    EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (


    3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement

    so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

    Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

    i-140 denial : India 3 yrs Bachelor + 2 yr Master (

    I-140 Denied due to Education - HELP NEEDED PLEASE (

    Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

    You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

    Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

    Depends on your appetite for risk...

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  • Jerrome
    05-21 12:41 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.


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  • krishnam70
    08-27 06:04 PM

    Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.

    send me a
    message will respond to your questions

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  • rkiran
    12-02 04:35 PM
    I have a similar situation and am going to the local office on friday.
    Did you get the AP? Did they ask more specific questions about the illness and why it is urgent etc. I am still trying to get the letter and am trying to find out what should be included on it. Also, was your letter faxed or scanned or did you get the original.


    Thanks for the input.
    I actually went to my appoitnment this morning at my local uscis office, the lady was nice. but i was told that the hospital letter need to state what are my granma's sickness instead just sayong terminally ill. and she had me to go back with a new letter tomorrow, and if her supervisor approves it, I will get it right away.
    just some info to share.
    wish me luck!


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  • cooldude0807
    10-04 09:29 AM
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  • viqu
    06-05 11:30 AM
    My 140 was transferred from VSC to NSC, I received a new receipt from NSC. The new receipt show it is taking 5 months to 6 months to process this kind of case. My concern is my old receipt date (01/28/2006) is lost? totally unfair!!!

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  • gapala
    03-31 01:26 PM
    take that dispute report and go to your local police station..

    I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.

    if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...

    If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.

    Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.

    Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.

    Good luck.

    07-18 01:39 AM
    They might return urs , simple.
    Could you answer this? We applied in march for 140/485. I have EAD, AP and FP done.The problem is that I don't remember seing the I-140 application among the papers we had to sign, and nothing just for my husband to sign, which would be normal, since he's the primary applicant. I thought at the time that I-140, being thru the employer doesn't have to be filed personally? Do you think it's possible the I-140 was accepted by mistake without the signature or should I enquire more and maybe my husband signed it at work and doesn't remember?
    Thank you

    12-21 01:10 PM
    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.

    They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?

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