chanduv23
12-08 10:39 PM
Just 2 steps
(1) Contribute
(2) Post on this thread http://immigrationvoice.org/forum/sh...ad.php?t=15905
You will be glad you did it
(1) Contribute
(2) Post on this thread http://immigrationvoice.org/forum/sh...ad.php?t=15905
You will be glad you did it
amor es. El amor es así
485Mbe4001
08-14 12:46 PM
I dont think that is the case, i am a direct employee and i have experienced tremendous delays, infact every application from my company (which is a large multinational) has been delayed, so i am guessing its more to do with the lawyers(large, high cost firm) or just good old luck. Infact all of my friends/batch mates who were consultants have their green cards and some have their citizenships too. My theory was that if a company is sponsoring(paying all the money) you are relaxed and initially dont worry about the delays, if its coming out of your pocket you doublecheck everything and are proactive...just a thought
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
amor es. Amor de mis amores
eb3retro
12-11 01:03 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
amor es. amor es
saketh555
08-20 03:51 PM
Online information say Indian passport renewal takes around 10 - 15 days but it is usually done much quicker. I received my passport in less than 2 weeks(7 business days if i remember correctly) from Chicago, offcourse i mailed all documents.
Good luck.
Good luck.
more...
amor es. amor es
superdude
08-01 04:54 PM
I hope they look at the post mark date. We can not even trust FedEx now. These things do happen. Its very sad to hear this
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
amor es. prince royce el amor que
glus
11-06 09:06 AM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
more...
amor es. Amor es.
MArch172008
06-16 05:03 PM
IS any one processing two GC process one with the current employer and other based on future employment with other employer ?
regards
regards
amor es. Cuando el amor es verdad,
rdehar
07-20 12:26 PM
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
more...
amor es. cartel de cali amor
acecupid
07-06 11:48 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.
Thanks.
Yes, very much possible.
Thanks.
Yes, very much possible.
amor es. Sí fue amor cuando una chica
nethawk119
10-10 02:11 AM
TSC sent back my appplication asking for revised fees last month. I am still waiting for the receipt. My lawyer sent back the application requesting them to accept the application since it was filed on July 2nd and is under the old fees.
more...
amor es. Amor es.
amsgc
06-10 11:39 PM
Now, that is an interesting question. I think the answer is: ambition.
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
amor es. amor es. Mi amor es un grito
chanduv23
11-16 06:34 PM
Nice one riva2005. :D :D
I like your ID :)
I like your ID :)
more...
amor es. Es inevitable
Leo07
02-09 08:22 AM
These are blood sucking leeches playing with our emotions, just for the sake of few clicks on to their page.
The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:
The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:
amor es. EL AMOR ES COMO LAS
JeffDG
01-31 02:00 PM
Don't worry about the text of the bill, it's purely a placeholder for something to be introduced as an amendment later.
The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.
The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.
more...
amor es. “Amor es …. alguien con quién
black_logs
06-09 10:22 AM
Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.
amor es. El Amor es.
karl65
10-27 08:46 AM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
more...
amor es. el amor es unico sabiendo que
WeShallOvercome
07-23 06:29 PM
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
amor es. El primer Amor es a mi mama
HumHongeKamiyab
12-17 11:08 AM
Is this family based GC or Employment based?
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
amor es. amor es. amor es
BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
man-woman-and-gc
03-09 06:44 PM
I and my wife got this update from CRIS. Anyone seen this before or know what it means?
--------------------------------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: LINXXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On March 9, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
--------------------------------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: LINXXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On March 9, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
frostrated
09-03 02:01 PM
Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.
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