howzatt
08-01 04:08 PM
"What time did it reach the USCIS" ...
Come on maan !! Do not get so desperate !! Does it really matter as to what time it reached USCIS ?
lol..or which browser did you use to check your bank account :)
Come on maan !! Do not get so desperate !! Does it really matter as to what time it reached USCIS ?
lol..or which browser did you use to check your bank account :)
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chanduv23
03-13 11:30 AM
Ok, I understand that we must not really go for it unless we really have to. Thanks for your valuble suggestions.
logiclife
07-10 03:49 PM
Good point. I think you missed her 'Benifits of retrogression' few weeks ago.
Murthy's website actually had a section called "Benefits of Retrogression" a few weeks ago.
Like, a delay in 485 filing gives more time to the bachelor's to go out to home country and look for a suitable match and get married before filing 485 etc.
Needless to say, whatever such trivial benefits(if that's what you call it) result from retrogression, all those benefits can be available by simply delaying the filing of 485.
However, that's your typical lawyer's view. "Benefits of retrogression". Its like saying "Benefits of Starvation and famines". Although famines cause starvation and shortage of food, the benefit is that no one gains too much weight and those who seek to lose weight can finally succeed since, there isnt any food around. Such benefits is currently available only in famine struck regions where food is really in short supply. There is no obesity problem - A HUGE ADVANTAGE ... LIKE BENEFITS OF RETROGRESSION - for people who are running out of food to eat.
Thanks.
Murthy's website actually had a section called "Benefits of Retrogression" a few weeks ago.
Like, a delay in 485 filing gives more time to the bachelor's to go out to home country and look for a suitable match and get married before filing 485 etc.
Needless to say, whatever such trivial benefits(if that's what you call it) result from retrogression, all those benefits can be available by simply delaying the filing of 485.
However, that's your typical lawyer's view. "Benefits of retrogression". Its like saying "Benefits of Starvation and famines". Although famines cause starvation and shortage of food, the benefit is that no one gains too much weight and those who seek to lose weight can finally succeed since, there isnt any food around. Such benefits is currently available only in famine struck regions where food is really in short supply. There is no obesity problem - A HUGE ADVANTAGE ... LIKE BENEFITS OF RETROGRESSION - for people who are running out of food to eat.
Thanks.
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manderson
07-14 05:38 PM
ok this may be wishful thinking. but probably not impossible....
more...
kshitijnt
09-18 04:36 PM
Sorry, If I sounded that way, I understand that nobody is having honeymoon here, but EB-3 2005 is better than EB3-2001 and EB-2 Current is better than EB2-2003. In a situation where Congress in not buzzing from it's stand of 'No New Green Cards' for anybody. We have educated them enough that they are not new Green Cards, rather the truth it they know it all, they know the issue more than most of us do, but it's just they pretend to be ignorant. In this scenario I would ask them for atleast a fair system, if they want to keep everything else unchanged..
Mirage everyone sympathizes with position of EB3 India. Any bill including HR5882 that passes the Congress will eventually help the bottomline in all categories. Right now this bill is in House judiciary committee and has come up for markup and just missed it. This bill has good support in both houses and is the only realistic bill that can provide some relief this year. No body here thinks that country quota is fair. There is no argument. However it is not the time to fight but join hands with ROW to get the bill HR5882 passed. One step at a time. We should continue to raise per country limit, but now is not the right time for it, when HR5882 with a broad based support is on a fast track.
Mirage everyone sympathizes with position of EB3 India. Any bill including HR5882 that passes the Congress will eventually help the bottomline in all categories. Right now this bill is in House judiciary committee and has come up for markup and just missed it. This bill has good support in both houses and is the only realistic bill that can provide some relief this year. No body here thinks that country quota is fair. There is no argument. However it is not the time to fight but join hands with ROW to get the bill HR5882 passed. One step at a time. We should continue to raise per country limit, but now is not the right time for it, when HR5882 with a broad based support is on a fast track.
snathan
02-13 10:19 PM
Well its grey area...I think its ok to process payroll from Texas. You can say that
my base area is texas like IBM etc have a base and the payrolls are process from there and not where the client is.
In fact most likely the labor petition is from texas. I doubt the employer even file a labor when he moved to NJ, so in way actually its good that he is processing from texas.
For that reason only peopl are getting arrested?
my base area is texas like IBM etc have a base and the payrolls are process from there and not where the client is.
In fact most likely the labor petition is from texas. I doubt the employer even file a labor when he moved to NJ, so in way actually its good that he is processing from texas.
For that reason only peopl are getting arrested?
more...
sapota
01-18 12:42 PM
I found a job before completing MS; so am changing to H1. I might continue my MS at a later stage if I need to.
2010 Man Putting A Dollar Sign
GC20??
05-29 12:46 AM
Thanks a lot gantilk.
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uimtiaz
05-17 09:01 AM
Hi All,
My previous employer just called me and informed about revoking I-140. I have been working for a new employer for the past one year and did not invoke AC21 .
Would there be any complications in invoking AC21 now, where as it should have been done last year ?
Concurrently applied I-140 and 1485 in 2007, currently working on EAD /AP.
Thanks
Umair
My previous employer just called me and informed about revoking I-140. I have been working for a new employer for the past one year and did not invoke AC21 .
Would there be any complications in invoking AC21 now, where as it should have been done last year ?
Concurrently applied I-140 and 1485 in 2007, currently working on EAD /AP.
Thanks
Umair
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canmt
12-12 09:55 AM
Thanks for the speedy response....
I have few questions hope you don'e mind...
so if i am clear i need to send police clearence along with aplication. I need to get from indian as weel right along with US ..??
Alos i am single now....how does it work if i want to add my wife to my form before/after approval...??
Any idea how long whole thing miight take..i mean for apporval...
Yes, you are required to send the FBI clearance along with your application. You do not need to get any police clearance from India.
I know a friend of mine who got his PR in 8 months. He was a Phd though. Mine took 2+ years as I was slow in answering their queries; I took my own sweet time - lol.
As explained earlier all you need to do is to send a fax explaining that your status changed for single to married to NYC Canadian Immigration Center. They will send you another application by mail with information on how to get your wife added to your application. You need to do the same thing for her; fill application, photo's, documentary evidence, FBI clearance etc,etc...
The above is valid even after approval (If you are in the one year transition period, they will extend this period until your wife gets her visa). The pitfall is you might have to wait a little longer to get your wife application straightened out.
If you already have a Canadian PR, you can sponsor a spouse visa and deal with the Immigration there on to get a PR for your wife… That’s a different route.
I have few questions hope you don'e mind...
so if i am clear i need to send police clearence along with aplication. I need to get from indian as weel right along with US ..??
Alos i am single now....how does it work if i want to add my wife to my form before/after approval...??
Any idea how long whole thing miight take..i mean for apporval...
Yes, you are required to send the FBI clearance along with your application. You do not need to get any police clearance from India.
I know a friend of mine who got his PR in 8 months. He was a Phd though. Mine took 2+ years as I was slow in answering their queries; I took my own sweet time - lol.
As explained earlier all you need to do is to send a fax explaining that your status changed for single to married to NYC Canadian Immigration Center. They will send you another application by mail with information on how to get your wife added to your application. You need to do the same thing for her; fill application, photo's, documentary evidence, FBI clearance etc,etc...
The above is valid even after approval (If you are in the one year transition period, they will extend this period until your wife gets her visa). The pitfall is you might have to wait a little longer to get your wife application straightened out.
If you already have a Canadian PR, you can sponsor a spouse visa and deal with the Immigration there on to get a PR for your wife… That’s a different route.
more...
svn
03-31 01:47 PM
OK, as gcisadawg mentioned, this is a piece of a puzzle but we now have multiple sources of information. So, let's try to put some of those together to arrive at Current Pending 485 Applications by category:
1st source of Information:
In the information just released by USCIS, they have given us us a "goal" they had set for themselves for year end i.e. Sep 30, 2009. However, as per their tracking, they are nowhere near achieving this goal since they have a HUGE backlog as of today. Using the information provided
Current Pending 485 Applications = Total Open 485 Applications Goal at end of Sep, 2009 (i.e. 301,695) + Total of Current Backlog based on current rate (i.e. 370,888)+ Applications that correspond to the "Normal" rate of processing between now and Sep 30 2009 (?)
= 672,583 + ?
2nd Source of Information:
At the end of Jan 2009, USCIS had released number of I-485 applications pending = 620,249
The two sources of information indicate that the number of pending I-485 applications has actually gone up by at least by 52,334. This seems strange given that most folks have not been able to file I-485s recently given unavailability of visa numbers. However, if you exclude the number of I-131 i,.e Advance Parole applications(56,328) that have been included as part of I-485 in 1st Source of Information, that leads us to the number of applications that USCIS has in fact processed between end Jan 2009 and today (drumrolls please) =
3994
So, if in about 7 weeks between end Jan 2009 and Mar 23, 2009 (date of release of Memo), USCIS has processed 3994 applications, we can anticipate that in the 27 weeks between now and end of Sep, 2009, USCIS, the number of applications it will process is:
15405
In other wods, given their current rate of processing and their current backlog, by the end of Sep 30, 2009, the number of pending applications will still be
= 672,583 - 56,328- 15,405
= 600,849
Hate to be gloomy but ....Hope, anyone?
1st source of Information:
In the information just released by USCIS, they have given us us a "goal" they had set for themselves for year end i.e. Sep 30, 2009. However, as per their tracking, they are nowhere near achieving this goal since they have a HUGE backlog as of today. Using the information provided
Current Pending 485 Applications = Total Open 485 Applications Goal at end of Sep, 2009 (i.e. 301,695) + Total of Current Backlog based on current rate (i.e. 370,888)+ Applications that correspond to the "Normal" rate of processing between now and Sep 30 2009 (?)
= 672,583 + ?
2nd Source of Information:
At the end of Jan 2009, USCIS had released number of I-485 applications pending = 620,249
The two sources of information indicate that the number of pending I-485 applications has actually gone up by at least by 52,334. This seems strange given that most folks have not been able to file I-485s recently given unavailability of visa numbers. However, if you exclude the number of I-131 i,.e Advance Parole applications(56,328) that have been included as part of I-485 in 1st Source of Information, that leads us to the number of applications that USCIS has in fact processed between end Jan 2009 and today (drumrolls please) =
3994
So, if in about 7 weeks between end Jan 2009 and Mar 23, 2009 (date of release of Memo), USCIS has processed 3994 applications, we can anticipate that in the 27 weeks between now and end of Sep, 2009, USCIS, the number of applications it will process is:
15405
In other wods, given their current rate of processing and their current backlog, by the end of Sep 30, 2009, the number of pending applications will still be
= 672,583 - 56,328- 15,405
= 600,849
Hate to be gloomy but ....Hope, anyone?
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herns
03-20 02:05 PM
Just curious what you were doing in last 15 years.
You filed GC in 2006. So what did you do in the 12 years before that :). Just gathering points and would like to add your case too. You seem to have also joined us much later in 2008.:confused:
Not me.
Scroll above and see RAJS signature below his posting.
You filed GC in 2006. So what did you do in the 12 years before that :). Just gathering points and would like to add your case too. You seem to have also joined us much later in 2008.:confused:
Not me.
Scroll above and see RAJS signature below his posting.
more...
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prinive
09-18 06:05 PM
Before i give you his number, I will talk with him and send out a PM to you...
Thanks for your reply! I have more questions about his PD/Name Check status etc... Can you please PM me your friends name + # and your name for reference? I will talk to him
I'm not sure why I have to visit Ny for this (although its just across the river from me)...
Thanks for your reply! I have more questions about his PD/Name Check status etc... Can you please PM me your friends name + # and your name for reference? I will talk to him
I'm not sure why I have to visit Ny for this (although its just across the river from me)...
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WAIT_FOR_EVER_GC
08-24 08:32 AM
I am also in the same boat. I saw mine and my wife's date updated to 08/21/2010. But no status change. Our priority date is March 2005 EB2. Is this soft LUD could be due to RFE? Not sure if they send RFE without updating status?
We have not applied for EAD renewal though.
Get an Infopass and go talk to the I/O. You should get it soon.
We have not applied for EAD renewal though.
Get an Infopass and go talk to the I/O. You should get it soon.
more...
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logiclife
12-05 06:01 PM
Hi all,
Assume that I have the following:
- I-485 has been filed for more than 180 days
- I-140 approved
- AP and EAD received
- FP done
- EB3 and priority date NOT current
I then use AC21 to port my I-140 (and the entire GC process) to another company (no problem so far). Let's say it takes 5 years before my priority is current and then I receive the GC.
My question is since greencard is for future employment, what will happen if the company that originally filed my GC goes out of business? How can I "expect" to work for the company since the company and position is no longer around?
Thanks again everyone...
Fittan
Once you starting working for new company and use AC21 the old company's existence does not matter.
Letting the USCIS know about porting your job using AC21 portabililty is optional but most lawyers recommend it. If you are going to hire your new lawyer then might as well file the AC21 job switch along with new G-28 form that you send regarding change in attorney. That way, all communication is routed to your new lawyer and new employer.
In rare cases, however, this is what can happen if you have not filed any updates with USCIS on your 485 regarding using the AC21 portability:
USCIS doesnt know that your old company has shut down and you have transferred to new company using AC21 portability. USCIS sends a RFE to your old company asking if they still plan to hire you for the job based on which the labor/14/485 was filed. The letter comes back and USCIS finds out that employer no longer exists. Then they will - in rare cases - either send an RFE or NOID(notice of intent to deny) on your 485, since USCIS would believe that you dont have any job offer for which you are getting greencard because the employer no longer is in business. If that NOID or RFE comes to your attorney, then your attorney should promptly reply saying that you have ported your I-140 to a new employer using the portability provision of section 106(c) of AC21 act.
Assume that I have the following:
- I-485 has been filed for more than 180 days
- I-140 approved
- AP and EAD received
- FP done
- EB3 and priority date NOT current
I then use AC21 to port my I-140 (and the entire GC process) to another company (no problem so far). Let's say it takes 5 years before my priority is current and then I receive the GC.
My question is since greencard is for future employment, what will happen if the company that originally filed my GC goes out of business? How can I "expect" to work for the company since the company and position is no longer around?
Thanks again everyone...
Fittan
Once you starting working for new company and use AC21 the old company's existence does not matter.
Letting the USCIS know about porting your job using AC21 portabililty is optional but most lawyers recommend it. If you are going to hire your new lawyer then might as well file the AC21 job switch along with new G-28 form that you send regarding change in attorney. That way, all communication is routed to your new lawyer and new employer.
In rare cases, however, this is what can happen if you have not filed any updates with USCIS on your 485 regarding using the AC21 portability:
USCIS doesnt know that your old company has shut down and you have transferred to new company using AC21 portability. USCIS sends a RFE to your old company asking if they still plan to hire you for the job based on which the labor/14/485 was filed. The letter comes back and USCIS finds out that employer no longer exists. Then they will - in rare cases - either send an RFE or NOID(notice of intent to deny) on your 485, since USCIS would believe that you dont have any job offer for which you are getting greencard because the employer no longer is in business. If that NOID or RFE comes to your attorney, then your attorney should promptly reply saying that you have ported your I-140 to a new employer using the portability provision of section 106(c) of AC21 act.
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Rajwaitingon140
08-21 05:41 PM
Guys
I am one of the guy waiting for I-140 approval since Dec'2006.
Let's see how long does it take to get my I-140 case.
PD: DEC'2003, EB-3
I am one of the guy waiting for I-140 approval since Dec'2006.
Let's see how long does it take to get my I-140 case.
PD: DEC'2003, EB-3
more...
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ags123
05-15 03:02 PM
I am analyzing a few scenarios to plan ahead and had a question on status during an MTR filing and an AAO appeal.
In the form I-290B looks like there are several options but mainly looks like
a) Appeal at AAO
b) Motion to reopen
From all the web research I see that the AAO appeal process takes 8-14 months for I-485.
If on 1 Dec 2009 the pending EB I-485 gets denied. Then an appeal is filed on 2Dec2009 which gets logged in say on 4Dec2009. What is the status of the alien from 4 Dec2009 till the appeal decision is made in 8 to 14 months ? is it counted as unlawful? Also does it depend on whether appeal gets denied or approved?
In this situation assume:
a)I-140 is approved and I-485 is pending for more than 6 months
b) alien is laid off and no similar job has been found.
c) alien ports to self employment but has no clients as its a new business at the time of I-485 denial. Uses the yates memo and self employment as basis for appeal.
In the form I-290B looks like there are several options but mainly looks like
a) Appeal at AAO
b) Motion to reopen
From all the web research I see that the AAO appeal process takes 8-14 months for I-485.
If on 1 Dec 2009 the pending EB I-485 gets denied. Then an appeal is filed on 2Dec2009 which gets logged in say on 4Dec2009. What is the status of the alien from 4 Dec2009 till the appeal decision is made in 8 to 14 months ? is it counted as unlawful? Also does it depend on whether appeal gets denied or approved?
In this situation assume:
a)I-140 is approved and I-485 is pending for more than 6 months
b) alien is laid off and no similar job has been found.
c) alien ports to self employment but has no clients as its a new business at the time of I-485 denial. Uses the yates memo and self employment as basis for appeal.
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India_USA
11-08 09:23 AM
From what I hear, if the problems have not changed, the solutions has not changed either. Our choices are
a. Legislative changes -> meeting with lawmakers representing IV consistently is crucial
b. Administrative changes -> active participation of members in the 2 campaigns -
i. Prefiling 485 (to get EADs)
ii. AC21 Same and Similar for career mobility
a. Legislative changes -> meeting with lawmakers representing IV consistently is crucial
b. Administrative changes -> active participation of members in the 2 campaigns -
i. Prefiling 485 (to get EADs)
ii. AC21 Same and Similar for career mobility
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Rb_newsletter
02-19 12:09 PM
I feel 'people not donating' is not directly connected with money. For example lets aasume tomorrow USCIS opens up a premium service for 485 approval saying you pay $50,000 and your 485 processing will be completed within 6 months and this queue has unlimited visa numbers. Will people not pay 50K and get into that queue? I would say 50% of IV members would pay and make use of that.
The point is not about affordability.
The point is not about affordability.
mrajatish
02-08 07:24 PM
Great job, guys - we are proud to be part of Immigrationvoice.
Raj
Raj
rockstart
10-05 10:52 AM
I have not used AC21 myself but have friends who have taken up new jobs. Here is what I have gathered from them.
Every labor gets a DOL SOC job code assigned. This job code is pretty generic and lists all the possible job titles, job responsiblities and various tools that can be covered under that code. Your current job if can qualify for the same job code then your lawyer can draft the EVL with cover letter that explains your old and new job responsiblities . The letter will then try to match these two and that should be enough. Example: Programmer Analyst working on Oracle say moves to different company to work on say SQL Server. Or even radical moves to Java or Weblogic but still qualifies under programmer analyst code (though using different tools to perform similar job) it can be an easy AC21 case.
If your job responsiblities are different from old SOC code then it can be difficult but some lawyers claim it can be managed (not guranteed) to convince USCIS. Like computer programmer now working as project manager or IT director. The guy is still in IT but the job responsiblities have changes significantly
If you have a labor as civil engineer and now you have started to work in a financial firm as say an analyst then there is no way USCIS will agree to it as an AC 21 case.
I have heard this and cannot really confirm but in case your EVL does not state in great details your job responsiblities then you could attach supplimental documentation like initial offer letter (if that has details) or use the job advertisement (that definately has all job details) as additional documents to beef up your case.
Every labor gets a DOL SOC job code assigned. This job code is pretty generic and lists all the possible job titles, job responsiblities and various tools that can be covered under that code. Your current job if can qualify for the same job code then your lawyer can draft the EVL with cover letter that explains your old and new job responsiblities . The letter will then try to match these two and that should be enough. Example: Programmer Analyst working on Oracle say moves to different company to work on say SQL Server. Or even radical moves to Java or Weblogic but still qualifies under programmer analyst code (though using different tools to perform similar job) it can be an easy AC21 case.
If your job responsiblities are different from old SOC code then it can be difficult but some lawyers claim it can be managed (not guranteed) to convince USCIS. Like computer programmer now working as project manager or IT director. The guy is still in IT but the job responsiblities have changes significantly
If you have a labor as civil engineer and now you have started to work in a financial firm as say an analyst then there is no way USCIS will agree to it as an AC 21 case.
I have heard this and cannot really confirm but in case your EVL does not state in great details your job responsiblities then you could attach supplimental documentation like initial offer letter (if that has details) or use the job advertisement (that definately has all job details) as additional documents to beef up your case.