gcformeornot
08-14 02:32 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
wallpaper of nucleic acid language
akred
06-01 02:41 AM
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
fromnaija
11-30 11:19 AM
I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.
You are wrong! Portability applies after 485 has been pending for more than 180 days.
You are wrong! Portability applies after 485 has been pending for more than 180 days.
2011 (iii) DNA-RNA hybrid with
pappu
10-23 11:01 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
more...
H1B2GC
10-01 10:39 AM
Here are my thoughts, I-485 application is accepted by USCIS based on priority date set by DOS in order to distribute available visa per country violating the basics "All men should be treated equally".
Remember, the rules are made by the system not for itself.
Remember, the rules are made by the system not for itself.
ewana
02-02 11:57 PM
Hi all,
I'm currently on H1B. My wife is on a L1 visa and her company just applied for her I140/I765/I485 concurrent (under EB1). Based on the previous post, it seems that if my wife gets approved for her GC, I can piggy back anytime since we were married before she got her GC.
My question is with regards to the PD if she got approved, do I get the Priority Date for EB1 (meaning little wait) or so I need to wait months/years of delay ? Should I just instead apply for I485 after her I140 is approved so that we get our GC together. What would be the risk in case something wrong happen to her application ? would I lose my H1b? I would like to hold on to my H1B unless I'm sure I can get my GC. My H1b is not IT related so I'm not that confident to find another one in case I lose my H1b. My company is willing to sponsor my greencard, but we thought of trying the EB1 first as it is much much faster.
Thanks for all your insights.
I'm currently on H1B. My wife is on a L1 visa and her company just applied for her I140/I765/I485 concurrent (under EB1). Based on the previous post, it seems that if my wife gets approved for her GC, I can piggy back anytime since we were married before she got her GC.
My question is with regards to the PD if she got approved, do I get the Priority Date for EB1 (meaning little wait) or so I need to wait months/years of delay ? Should I just instead apply for I485 after her I140 is approved so that we get our GC together. What would be the risk in case something wrong happen to her application ? would I lose my H1b? I would like to hold on to my H1B unless I'm sure I can get my GC. My H1b is not IT related so I'm not that confident to find another one in case I lose my H1b. My company is willing to sponsor my greencard, but we thought of trying the EB1 first as it is much much faster.
Thanks for all your insights.
more...
Becks
03-22 07:09 PM
You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
2010 a geomic nucleic acid, RNA
chanduv23
05-11 11:32 AM
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
more...
enggr
03-17 03:56 AM
Friends,
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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Hermione
10-02 11:50 AM
Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
more...
lost_in_migration
11-08 02:05 PM
Why are number of I-485 less than number of I-130
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
hot RNA is a nucleic acid
mishras
05-14 09:13 AM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
more...
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purgan
10-04 01:31 AM
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
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lazycis
04-05 02:24 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
more...
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desih1b
05-01 10:17 AM
I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
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xbohdpukc
04-06 11:12 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
more...
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pappu
12-19 03:15 PM
Thank you paskal.
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ebizash
07-24 05:06 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
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gc_chahiye
07-20 06:18 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.
Any ideas when can be the date current again(for my PD atleast)?
EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.
Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
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