webm
06-05 12:44 PM
Such thread are not created on this site. Even is not the place, as most applicants do not register with .
It is also possible that very few visa numbers were available during May for EB-3 India.
I agree...but sometimes few frequent users share that info here..and i dont see anything for May atleast..
It is also possible that very few visa numbers were available during May for EB-3 India.
I agree...but sometimes few frequent users share that info here..and i dont see anything for May atleast..
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hpandey
12-28 12:33 PM
Anyone invoking AC21 with unapproved I-140?
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
chumki
12-18 02:40 PM
Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
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Guest007
06-26 12:05 PM
S**t cloture passed
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ken
09-30 12:04 PM
Thanks Ebizash. Yes I too have soft lud's on my wife AP on 9/25 and 9/28. I sent it to NSC. Yes the same barcode scanning reason was told to me by USPS. I hope that USCIS recieved the documents.
Thanks again for putting some light on this
Thanks again for putting some light on this
Springflower
11-09 11:47 AM
All the July 2007 filers who are waiting for FP notice and did not open SR, please sign up here.
It helps us to know how many poeple are waiting for FP notices optimistically
without filing a Service Request.
Ours (mine & my wife's) is a july 6th filing. Waiting for FP notices.
Did not file any Service Request.
Please post your replies irrespective of the 'Service Center' your case has been sent to.
Your responses will be appreciated.
Thank you.
-----------------------------------------------------------------
Till now Contributed $150. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Receipts received: 09/12/2007
EAD & AP received: Sept 14, 2007
FP : ?
-----------------------------------------------------------------
It helps us to know how many poeple are waiting for FP notices optimistically
without filing a Service Request.
Ours (mine & my wife's) is a july 6th filing. Waiting for FP notices.
Did not file any Service Request.
Please post your replies irrespective of the 'Service Center' your case has been sent to.
Your responses will be appreciated.
Thank you.
-----------------------------------------------------------------
Till now Contributed $150. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Receipts received: 09/12/2007
EAD & AP received: Sept 14, 2007
FP : ?
-----------------------------------------------------------------
more...
imm_pro
06-13 01:12 PM
Guys if you have already called..please ask ur spouse or request ur friends to make the call..every call counts..
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software7
04-09 02:05 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
more...
desighee
01-04 02:47 PM
since the guy is already used to having two wives it won't be that hard to have thrid wife for a change.Hence I suggest don't bring anyone of them here for sometime.Get married here to a US citizen, then divorce her after you get your GC.Atlease this unique situation has something good to offer.
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helmet
02-13 08:12 PM
I saw lud chnage on my 485 on 2/5/09. How long the finger prints are valid?
Is any one's LUD changed recently?
Is any one's LUD changed recently?
more...
Jimi_Hendrix
12-13 12:51 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
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pcs
07-10 08:36 AM
We can keep sending emails / call the CNN President.
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
more...
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JunRN
12-21 10:46 PM
That's was his/her problem. If the person have not notified the USCIS about the job change, everything would've been fine :) I am not going to argue with you. If one of hundreds thousand cases had an issue, it does not mean we have to rush and file AC21 every time we change a job. That will just create more work for the USCIS and increase our chances for RFE/denials. That's my opinion. You are entitled to yours. BTW, I changed jobs and did not file anything. No problems.
Goodluck to you, friend! Just hope Murphy's law doesn't strike you!
I have not used AC21 and am not planning to use it. Although it is easier for me because I am a Registered Nurse and it is easy for me to port from one hospital to another. My strategy is different though. I am not leaving my sponsor and just working for another hospital in my free time.
Goodluck to you, friend! Just hope Murphy's law doesn't strike you!
I have not used AC21 and am not planning to use it. Although it is easier for me because I am a Registered Nurse and it is easy for me to port from one hospital to another. My strategy is different though. I am not leaving my sponsor and just working for another hospital in my free time.
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mrow
06-19 07:18 PM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
more...
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kumar1
10-29 09:23 AM
So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.
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x1050us
07-19 03:23 PM
I tried CIS press room, but couldn't find it. And i'm sure that about couple of weeks back i saw that memo (which states if initial evidences are not present, they might reject/deny a case without RFE). It was posted on this board and now its very hard to search with few words.
I saw that too. But my question was what if we provide partial evidence. i.e., get vaccinations and x-ray but not skin test. Hope that they will give an rfe for skin test if skin test is mandatory
I saw that too. But my question was what if we provide partial evidence. i.e., get vaccinations and x-ray but not skin test. Hope that they will give an rfe for skin test if skin test is mandatory
more...
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GCInThisLife
07-19 12:52 PM
The company filed for her H1B COS which was approved with new I-94. Lot of people with consulting firms especially spouses would be in similar situation and while following the forums, I haven't heard many denials with this reason i.e., joining the employer a little later for H1B approval.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
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pcs
07-10 08:36 AM
We can keep sending emails / call the CNN President.
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
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sushilup
02-17 06:35 PM
Grow up man...think before writing
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
wahwah
06-05 12:46 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
desi3933
02-25 03:42 PM
Sheila -
I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.
Your original post on 12/12/2008
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Your post after editing on 02/23/2009
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
It seems that you have changed position after my posting.
Have a good day!
I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.
Your original post on 12/12/2008
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Your post after editing on 02/23/2009
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
It seems that you have changed position after my posting.
Have a good day!
