NIW confusion

2

2464

Registered Users (C)
Friends please help me

In the changed scinareo......(every thing is current) Can I apply I-485 if my I-140 is approved? I am from India, applied 140 under EB2, NIW, in January2007 with Nebraska service center, waiting for decission. Please post reply immediately.

Thanks
 
Yes, you can apply I-485 if you have an approved or pending I-140. You must include the I-140 approval notice with your application.
 
Thanks

Hey guys, I am sorry Its been a while since I logged in. Thanks for your reply.

Other question is If I apply I-485 based on pending I-140, what about my J1 status? If I-140 is rejected, then I am out of status immediately? or do I have any other option to continue on J1 as its still valid for 1 more year.

do you think immigration office become a bit linient and approval of I-140 is a bit esier than before?

could some one expalin the meaning of "As anticipated, the U.S. Department of State (DOS) came out with the following statement this morning: "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases." Does it effect the applications submitted before? What is the impact?
 
U can not apply for I-485

2464 said:
Hey guys, I am sorry Its been a while since I logged in. Thanks for your reply.

Other question is If I apply I-485 based on pending I-140, what about my J1 status? If I-140 is rejected, then I am out of status immediately? or do I have any other option to continue on J1 as its still valid for 1 more year.

U won't be out of status. Keep ur J-1 valid until you are done with Green card process. I am in similar situation like you - but going to keep J-1 status till I get green card. Make sure you extend your J-1 for a year or to a maximum and apply for J-1 waiver - u need to have J-1 waiver to apply for I-485.

U will of out of your J-1 status if you start use your EAD.

do you think immigration office become a bit linient and approval of I-140 is a bit esier than before?

could some one expalin the meaning of "As anticipated, the U.S. Department of State (DOS) came out with the following statement this morning: "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases." Does it effect the applications submitted before? What is the impact?
Click to expand...

Hello 2464:

Have you seen visa bulletin. All belong to EB categories can not apply for I-485 until Octover 1, 2007 - when next fiscal year starts. You can apply for i-485 in OCTOBER provided the EB2 NIW becomes CURRENTfor INDIA, even if you have not heard the result for your I-140.
 
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Not so fast....

As mentioned above, you cannot file I-485 as of July 2. The earliest date it may be possible to file is Oct 1 but we won't know until mid-september when DOS announces availability of visa numbers.

As for your J-1 status, there are 2 problems:

a- You need to be sure you are not subject to the 2-year home residency requirement before you file I-485, otherwise you will not be eligible to file even if visa numbers become current.

b- The fact that you already filed an immigrant petition (I-140) means you indicated intent to immigrate. This means that you have indicated that you do not want to abide by the non-immigrant provisions of the J visa. This also means that you will most certainly be denied renewal of your J-1 visa if you travel abroad and wish to renew your visa. Even if your visa is valid and you travel abroad, you may be denied entry by US authorities at the airport because of your immigrant intent. Lastly, you may also be ineligible to extend your J-1 visa if your program sponsor finds out about your I-140, but this is usually at the whims of your sponsor. You will certainly be unable to extend your J-1 if you find out you need a waiver of the two-year home residency requirement and you obtain it.

By the way, what use is it to write "Please post reply immediately" above if you don't intend to check replies to your post for a week ???? ;)
 
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Help me - clarify

jk0274 said:
Not so fast....

Even if your visa is valid and you travel abroad, you may be denied entry by US authorities at the airport because of your immigrant intent.
Click to expand...

Just wondering how does IO at port of entry know that one has filed for I 1-40. Can you please explain me.

I am on J-1 and recently applied for a waiver (Pending at DOS now). In the mean time I have filed my I-140 EB1-EA. I have never revealed my University about I-140 although my Professor knows it.

Right now I am planning to relocate due to personal issues hoping to get H1-B sponsor from University - change of status can be done within USA.

What happens if a Company offers me a job and Files for O-1 visa- change of status not allowed within USA. If I go to any US embassy in Canada or Mexico or home country - Does the Consular officer know I filed I-140 and denies my visa.
Thanks and your help is much appreciated
 
Thanks for reply. I check regularly except last week(If u don't think I am making excuses).
I allready got J1-waiver. I don't think that my programme extends beyond one more year. Our Programme officer made it clear that its going to be ended in one more year.

I am confused again with lakksh answer stating Octover 1, 2007 - when next fiscal year starts. You can apply for i-485 in OCTOBER provided the EB2 NIW becomes CURRENTfor INDIA. If its current for this year why not it be current for next year? I hurd that all EB cases are current now. (Please remember that I am an Indian citizen)
 
2464, EB2-NIW cases were made current before one month. On July 2nd... all EB based visas have been used this year. Starting from October 2007, in two months, new quota will be available... Now based on how much USCIS is projecting to be used before October 2008, it might not allow EB2 current for India, China... In fact, it is not clear even for the normally non-retrogressed countries...

See this:
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf
 
does it mean we can not even file the I-485 now to avoid the increased fee of $1100 ?

so I cannot file the I-485 with EB1-EA in the same time now (before 7/31/07) to avoid the fee?

how about I file I-140 and 485 in the same time now? will it return the whole case?
 
should process your i-140 alone. if i recall correctly your i-140 form will indicate a concurrent filing, might need to resolve it.
 
Dear friends
I was on vacation all over eastern for more than 15 days. I suddenly observed that visa bulletin is still current till aug17th.
I am planning to apply 485, based on my pending 140 with nebraska. Please help me with these questions. Do I have to attach medicals along with my 485 now? I guess somewhere it says if u want to......
2) In part 2 what box do I check? There is nothing like pending 140.
3) I guess I have to apply seperate application for each of my family memebers including my 7 and 9 years old daughters. Is that rght?
4)In part 3 it says were u inspected by a US immigration officer? Please note that there is a question regarding I94 too. Do I say yes?
5) At the end of the application it says associations......is it list of professional organisations like NCTM and so or any thing else.
 
2464 said:
Dear friends
I was on vacation all over eastern for more than 15 days. I suddenly observed that visa bulletin is still current till aug17th.
I am planning to apply 485, based on my pending 140 with nebraska. Please help me with these questions. Do I have to attach medicals along with my 485 now? I guess somewhere it says if u want to......

try to get medical done. If not submit later after you receive a RFE.

2) In part 2 what box do I check? There is nothing like pending 140.

"a" what else?

3) I guess I have to apply seperate application for each of my family memebers including my 7 and 9 years old daughters. Is that rght?

yes if they are not US citizen

4)In part 3 it says were u inspected by a US immigration officer? Please note that there is a question regarding I94 too. Do I say yes?

yes as we had to face them at the port of entry !!

5) At the end of the application it says associations......is it list of professional organisations like NCTM and so or any thing else.
Click to expand...

nothing else

Hope this helps. Good luck !
 
Thanks

Dear friend
Thanks for reply
If u see the form I -485 given in USCIS web, "a" reads "an immigrant petetion giving me an immedately available immigrant visa number has been approved(Attach a copy of the approval notice, or relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give u an immediately available visa number, if approved)
what is "immigrant visa number has been approved" and they also ask me to attach copy of approval notice. I am confused abou this. Please remember that I am from India and my I-140 is still pending at NSC.
Do I still check the same on I-485?How?

My tension goes up as aug 17th approaches.
 
2464,

1- You can still check (a) and just provide the I-140 receipt notice in lieu of the approval notice. It's fine. The stuff you asked about is mainly directed at family-based applicants, so don't worry about it.
2- Yes, use the old fee ($395, plus $180 for EAD and $170 for AP if applying for those together in the same package).
 
1. I checked "(h) other ...", and wrote down "Form I-140 currently pending, Receipt number SRCXXXXX" for myself, and checked (b) for my spouse and son.

2. Yes, use the old fee. I also heard that failure to include medical examination forms results in rejection (just recently changed).

The news posted on www.hooyou.com is very helpful to me.
 
Hey guys can any body conform that its going ot be rejected if I dont submit with medicals. I am worried i can't make medicals
 
Click on "More News ..." on the main page of the hooyou.com link, you will find the previously posted news, check out the one with the date 7/17/07, question 16 is your question.
My impression is that previously USCIS did accept I-485 with medical reports submitted later, but not any more after the recent reversal.
To be safe, I suggest you complete the report before you submit, don't bet.
Search the list of physicians, you could also go out of state. We drove three hours to another state to get it done. There is nowhere saying you can't get the medical exams done in another state.
 
No no no...

USCIS is pretty clear. Your medical reports do NOT need to be submitted with your I-485. You will simply get an RFE later.

Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.

Chris
 
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