logiclife
03-29 01:31 PM
Good work.
Please send an email to Varsha or Sanjay asap with exactly what you have posted above.
I would request everyone who finishes the meeting to :
1. Prepare a summary like Gajendra has done above, and email that to Varsha and Sanjay. Do not post here too much details.
2. If you do post details of your meeting here to encourage others by telling them how good the meeting was, please do not disclose the names of staff members you met with. But put those details and names for followup meetings in the email you send to Varsha and Sanjay.
Thanks.
Please send an email to Varsha or Sanjay asap with exactly what you have posted above.
I would request everyone who finishes the meeting to :
1. Prepare a summary like Gajendra has done above, and email that to Varsha and Sanjay. Do not post here too much details.
2. If you do post details of your meeting here to encourage others by telling them how good the meeting was, please do not disclose the names of staff members you met with. But put those details and names for followup meetings in the email you send to Varsha and Sanjay.
Thanks.
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ajju
02-27 08:18 PM
I don't think it is the CP filers' fault.
...
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
Everything else will then just follow...
And hopefully no more waiting for mid of the month bulletin updates :-) and years and years of restricted choices due to ongoing GC...
But again.. its we who made these choices :-)
...
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
Everything else will then just follow...
And hopefully no more waiting for mid of the month bulletin updates :-) and years and years of restricted choices due to ongoing GC...
But again.. its we who made these choices :-)
bsbawa10
08-07 07:21 AM
PD April 2004
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
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sanju
12-18 10:24 AM
Sarcasm ? Or is he really our friend ? Bad at remembering names.
-M
That's ok, totally understand.
Sorry, I did not raise my arm to indicate that it was ALL sarcasm. Durbin is aginst H1B. Although his press release says that he is not against green cards, but thats just bull.
And if he is appointed Labor Secretary, that will be the last straw to break the camel's back.
.
-M
That's ok, totally understand.
Sorry, I did not raise my arm to indicate that it was ALL sarcasm. Durbin is aginst H1B. Although his press release says that he is not against green cards, but thats just bull.
And if he is appointed Labor Secretary, that will be the last straw to break the camel's back.
.
more...
senthil1
02-11 11:18 AM
Eb2 will move gradually but it may move up to 2006 or 2007 as Eb1 spill over and Eb1 and Eb2 spillover from other countries will be transferred to Indian and Chinese Eb2. Again it depends on how many people are waiting in Eb2
sachung22,
Approximately what cut off dates your expect for EB2/3 by Aug'09?
sachung22,
Approximately what cut off dates your expect for EB2/3 by Aug'09?
avi101
04-03 10:53 AM
Faxed.
more...
sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
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gsc999
11-10 11:46 AM
Filed July 18th, no FP yet
more...
vrbest
10-08 01:18 PM
Got EAD Card for all of us in a span of 3-5 days. My son got 1 year EAD (10yrs old) but me and my wife got 2 years EAD. Any way happy that I can claim 300$ tax rebate for my son and get SSN for him also..
Still pending... Just checking to see if there are many waiting like me
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
Still pending... Just checking to see if there are many waiting like me
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
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paulavijit
06-01 02:27 PM
Votes YES.
YES count is only 961 though now.
YES count is only 961 though now.
more...
amit_p27
06-19 03:30 PM
Eb3/nsc/india
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gc_bucs
04-01 03:28 PM
Sent the fax. Thanks for putting it together
more...
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jchan
11-30 04:55 PM
A way to estimate ROW 485 applications
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
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OLDMONK
07-19 11:48 AM
If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
more...
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coloniel60
08-15 02:59 PM
Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.
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sidm
04-10 12:51 AM
^^This is not gonna happen... and even if it did....well I guess the companies will finally take notice when there are no new people to hire and fire and their bottom lines are hit with permanent hires for every small and odd project......guess what that they will do then....outsource more work to other countries......:)
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
more...
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srini1976
07-06 03:31 PM
Thanks IV & Dr Bahrainwala for your efforts.
Go IV GO !!!!!!!!!
Go IV GO !!!!!!!!!
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nrk
11-04 10:06 PM
I believe pre adjudicated means, most of the processing is done, and waiting for the visa number availability.
Nothing will happen for you on the info pass, hopefully you will come back with a good news.
please update us after the info pass.
Also if you could update your profile (priority date etc) it would be good for the people who are following this thread.
Thakyou Nrk,
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
Nothing will happen for you on the info pass, hopefully you will come back with a good news.
please update us after the info pass.
Also if you could update your profile (priority date etc) it would be good for the people who are following this thread.
Thakyou Nrk,
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
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makemygc
08-21 10:18 AM
Office of Inspector General, they investigate all Labor Frauds
Can you reveal the name of this employer?
Can you reveal the name of this employer?
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
JunRN
12-29 04:42 PM
The problem really was that IOs are not properly briefed on AC21. There are some cases where they have to ask their supervisors about it. What if the supervisors are also not familiar with AC21?
As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.
As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.
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