ilikekilo
07-18 10:40 AM
Really makes me feel awful when I come across someone who is waiting since 2001 for labor.. This system is seriously broken.. I myself had to wait for over three years to get my labor, and I know how frustrating it is.. I have two friends with priority date older than mine, and they are still stuck in labor. Very depressing. I wish and hope the *&$%!*#@ at Philly and Dallas get their act together and there is a flurry of labor approvals in the next few weeks..
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
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saurin
02-08 04:32 PM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
StarSun
04-11 09:40 AM
Hello!
I was trying to use the Free Conference Call service to ask a question to the lawyer but was informed that the access code 388991 is incorrect. Has it been changed? If so, can someone provide the new code.
Thank you very much for providing this invaluable service to the entire community.
-Raji
Please refer to the thread running on the home page for the current conference access code. For this week, check http://immigrationvoice.org/forum/forum14-members-forum/2098838-free-attrny-call-apr-14th-ari-and-greg-frm-visalaw.html
I was trying to use the Free Conference Call service to ask a question to the lawyer but was informed that the access code 388991 is incorrect. Has it been changed? If so, can someone provide the new code.
Thank you very much for providing this invaluable service to the entire community.
-Raji
Please refer to the thread running on the home page for the current conference access code. For this week, check http://immigrationvoice.org/forum/forum14-members-forum/2098838-free-attrny-call-apr-14th-ari-and-greg-frm-visalaw.html
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priderock
05-31 03:43 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
more...
wizkid732
08-26 07:47 AM
Thanks overseas.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
dbevis
October 24th, 2004, 07:42 PM
My preference was between 3 and 4. But 4 gives me the satisfaction of (or impression of) being at the corner looking into the field. The depth suggested by the rail going off to the right is good, too.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
more...
shreekhand
12-08 05:40 PM
First off, you are in no way required to be there for 6 months. Secondly, you are not paid and have a GC, for God's sake...just move on and earn.
Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)
How long would you stay in fear ???
Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)
How long would you stay in fear ???
2010 2011 Hat of Kate Middleton
lazycis
09-17 09:59 AM
You can start working for other company only 180 days after receipt date for your I-485. The job has to be same or similar (profession-wise). If you are planning to change companies, it's better to do it before you get your GC, rather than immediately after.
more...
miguy
06-29 11:32 AM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
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Jaime
09-06 04:42 PM
UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
more...
camarasa
08-01 07:01 PM
Did we ever hear anything back regarding the July 2nd questions she sent to USCIS? Remember she gave them three days to answer?
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ssswapnil
08-03 10:16 PM
Hi,
My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.
I came back to US and my present employer will be reinitiating the process soon.
Is it possible to recapture the priority date from 2001 filing?
Thanks.
Swapnil
My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.
I came back to US and my present employer will be reinitiating the process soon.
Is it possible to recapture the priority date from 2001 filing?
Thanks.
Swapnil
more...
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jaggu
08-16 01:41 PM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.
I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.
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gg_ny
10-20 07:31 AM
You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
more...
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sanju_dba
02-28 04:56 PM
Usually , Individual insurance will not cover pregnancy!
with Humana, you need to buy it as an extra option ( rider) .
check if you can save in long run with HSA accounts.
with Humana, you need to buy it as an extra option ( rider) .
check if you can save in long run with HSA accounts.
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payur
07-10 09:45 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
more...
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morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
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pamposh
09-15 11:54 AM
Folks there are two threads on the forum that are targeting the similar objective.
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
This meeting is online and is for an hour.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
This meeting is online and is for an hour.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
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Rajkrish9
10-31 11:31 AM
Public can enlighten their experiences..
Thanks in Advance.
Raj.
Thanks in Advance.
Raj.
jonty_11
02-05 02:42 PM
Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it
gcwait2007
12-21 08:51 PM
Thanks, Bestin.
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance