dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
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IfYouSeekAmy
02-01 12:25 PM
:D
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
feedfront
08-26 03:29 PM
Not sure if I got your question... .
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
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Mahatma
08-12 10:15 AM
Please correct the following typo.
Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."
I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....
Sorry for the inconvenience.
Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."
I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....
Sorry for the inconvenience.
more...
ink_123
08-30 03:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
maag
06-06 09:28 PM
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.
more...
factoryman
07-02 12:15 AM
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
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spulapa
02-02 10:24 AM
All the very best in what ever decision you take....!!
You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!
You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!
more...
bigboy007
07-04 11:16 PM
May be he will good for you dude. :D
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desi3933
03-08 09:33 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
>> But on the other hand if I want to address this issue in a manner which could see least resistance
IMHO, you are wrong about the "least resistance" part. Who told you that there is least resistance to change/remove country quota? How did you come to that conclusion?
______________________
US citizen of Indian origin
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
>> But on the other hand if I want to address this issue in a manner which could see least resistance
IMHO, you are wrong about the "least resistance" part. Who told you that there is least resistance to change/remove country quota? How did you come to that conclusion?
______________________
US citizen of Indian origin
more...
alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
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javadeveloper
07-20 09:28 PM
We'll do these things for common/generic issues like visa recapture,not counting dependents visas,removing per country quota.
#1.EB3s will start contributing , let's say $100 Each
#2.EB2s will match the amount in #1
#3.GC holders(Both EB2&EB3 - IV members) will contribute $250 to help their IV friends.
I am ready to contribute any EB2 & EB3 guys are ready? I am happy to contribute $500 more after I get GC
#1.EB3s will start contributing , let's say $100 Each
#2.EB2s will match the amount in #1
#3.GC holders(Both EB2&EB3 - IV members) will contribute $250 to help their IV friends.
I am ready to contribute any EB2 & EB3 guys are ready? I am happy to contribute $500 more after I get GC
more...
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sury
08-18 04:01 PM
EAD approval Notice Sent
Priority Date - Feb 2007
EAD Renewal Mailed - July 23, 2008
Approval date: 18-Aug-2008
Priority Date - Feb 2007
EAD Renewal Mailed - July 23, 2008
Approval date: 18-Aug-2008
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immihelp2
12-16 01:55 PM
Thank you all for your wonderful responses, I am overwhelmed by the feedback. Some of you have posted such detailed things and personal information, for which I am very grateful. I intend to print out the thread and keep it on my desk for instant inspiration :)
Matthew Oh has summarised the predicament of folks in a situation such as mine:
12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
Matthew Oh has summarised the predicament of folks in a situation such as mine:
12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
more...
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Jerrome
08-15 11:55 AM
Documents Mailed : July 17th 2008
Documents Received : July 18th 2008.
EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.
it means no luck this time for GC, i guess
Documents Received : July 18th 2008.
EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.
it means no luck this time for GC, i guess
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manishcp
09-14 07:06 AM
July 3rd, 11:14AM signed by F Heinauer @ NSC
Good luck to everyone.
Good luck to everyone.
more...
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JunRN
10-04 08:22 PM
EAD Receipt # is different from i485 Receipt #. What i know though is that i485 receipting is a pre-requisite of EAD receipting.
Congratulations!
Congratulations!
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immi2006
11-21 11:37 AM
I think courage to fight back can cure.
I came out of a rare disease myself in the last 2 year battle for which there was no cure.
You got to fight it out. My prayers are with you, hope the outcome is positive.
I came out of a rare disease myself in the last 2 year battle for which there was no cure.
You got to fight it out. My prayers are with you, hope the outcome is positive.
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nc14
09-11 11:50 AM
Well said and I think the community cannot just always get, they have to learn to GIVE back (for their own cause) in this case.
It is atrocious to see people demanding action when their own contribution is ZERO (infact negative by wasting the precious bandwidth and creating divisions)
Guys
I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....
It is atrocious to see people demanding action when their own contribution is ZERO (infact negative by wasting the precious bandwidth and creating divisions)
Guys
I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....
mkiv
12-11 07:48 PM
How do I start a new Thread?
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
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