maddipati1
12-03 03:33 PM
dvb123, good one, thx for posting, very useful,
please post the link to the source
10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations
please post the link to the source
10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations
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pd_recapturing
10-19 01:35 PM
According to what I have read - porting of PD can be done at 2 stages
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
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Guig0
12-30 11:11 AM
but the detail on Soul+s work is AMAZING!:o
Soul, you got my vote. Way to go!
I+m glad that Dan came up with this battle idea, that way we get to see such beatifull jobs made just for fun:)
Soul, you got my vote. Way to go!
I+m glad that Dan came up with this battle idea, that way we get to see such beatifull jobs made just for fun:)
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prince_waiting
10-03 04:44 PM
I guess do something and change all the documents to a single name....It may look a little bit tedious right now but believe me, you don't want more heads spinning.
more...
forever_waiting
05-09 01:31 AM
If Applicants receive a 221(g) notice with a questionnaire asking about job experience/edcuation backgrond, that is usually "additional administrative processing" associated with TAL (Technology alert check). thsi takes around 30-45 days in most cases. Other 221(g) reasons could be just for employer/document verification (which is what it seems in your case).
Timelines are varied but in most cases peopel get approval in a month or so. But the wait is nerve-wracking. Just stay positive and be aware that these checks are happening frequently nowadays.
Once you get your visa and travel back, please join in IV's push to get I485 (3rd stage of green card) filing without current PD. spread the message among your friends/colleagues.
these kind of issues while visa stamping and also while h1b extensions are the main reason why our situation is so fragile when on H1B. all the more reason to get any admin fixes that will help people stuck without being able to file I485.
Timelines are varied but in most cases peopel get approval in a month or so. But the wait is nerve-wracking. Just stay positive and be aware that these checks are happening frequently nowadays.
Once you get your visa and travel back, please join in IV's push to get I485 (3rd stage of green card) filing without current PD. spread the message among your friends/colleagues.
these kind of issues while visa stamping and also while h1b extensions are the main reason why our situation is so fragile when on H1B. all the more reason to get any admin fixes that will help people stuck without being able to file I485.
hopelessinseattle
03-08 09:39 AM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
more...
go_guy123
02-08 01:49 PM
Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
The EB backlog is out of control now....eventually people will realize and take the necessary
decision of leaving US.
The EB backlog is out of control now....eventually people will realize and take the necessary
decision of leaving US.
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gcwanter
06-15 11:39 AM
Is it true that the reports for the medical check will take almost 4 weeks to come back?
more...
slayerment
04-18 12:27 AM
Dude, you're wrong.
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gc_kaavaali
05-12 04:17 PM
Relax!!!!!! my 485 application is pending with TSC...As per my jurisdiction i am suppose to send documents to NSC...But when i e-filed it gave me instruction to send support documents to TSC only...so don't panic...
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
more...
pappu
06-19 06:18 PM
Latest update is being given to state chapters. If you are a chapter member contact your leader. If you do not belong to a chapter and do not have a chapter in your state contact other chapter leaders near your state.
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bomber
08-17 12:33 AM
You yourself willingly knowingly signed G28 form and gave all the power to your attorney. USCIS is not suppose to be sending you anything. And IV has nothing to do with it.
You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.
You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).
You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.
I still want to!
You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.
You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).
You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.
I still want to!
more...
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TomTancredo
01-10 05:17 PM
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.
If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.
I think we as a community better off if you can reveal who the employer is.
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.
If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.
I think we as a community better off if you can reveal who the employer is.
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dpp
07-13 01:54 PM
May be they can accept I-485s for July to honor original July bulletin. They can do this without changing any law as they can say they are accepting as per DOS bulletin for ones who already filed or going to file as per original bulletin.
more...
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gaz
03-16 01:59 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
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Winner
06-19 02:44 PM
Guys and Gals,
I decided to go with my credit union and called them this morning to lock the rates. I just received some disclosures and rate lock agreement, when I was reading it, there was a section where it asks "Are you a U.S citizen?", loan office assumed that I'm a citizen and checked the box.
I understand that I should tell them the truth, but wondering if that may increase my interest rates. Please share your experience or advice you may have for me.
H1B - Valid till 2011
EAD - Expires on Sept 08 (will be renewing it soon).
I decided to go with my credit union and called them this morning to lock the rates. I just received some disclosures and rate lock agreement, when I was reading it, there was a section where it asks "Are you a U.S citizen?", loan office assumed that I'm a citizen and checked the box.
I understand that I should tell them the truth, but wondering if that may increase my interest rates. Please share your experience or advice you may have for me.
H1B - Valid till 2011
EAD - Expires on Sept 08 (will be renewing it soon).
more...
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jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
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gc_chahiye
01-11 12:17 AM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.
However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...
I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.
employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.
However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...
I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.
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leo2606
08-18 12:35 AM
Why don't you ask your parents or some one who can help you to check with Registrar if they can apply on your behalf if you give power of attorney?I think this is the first thing you need to do if not yet.
If that is possible they can provide copies of your passport, marriage photos.
Hello -
As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)
Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.
Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.
Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.
If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....
ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.
Thanks
If that is possible they can provide copies of your passport, marriage photos.
Hello -
As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)
Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.
Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.
Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.
If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....
ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.
Thanks
Dipika
04-18 11:46 AM
called uscis they say its for faster processing and should get letter in mail.
did anybody else get a mail like this.
cool! Congrates for being a luckey one!
Looks like USCIS have distributed 485 apps to pre adjudicate, if others gets interview calls like you.
we have not seen case as you have.
so we all would like to know further as your case goes ahead, please keep us updated... It will help other, who gets reandom interview call.
did anybody else get a mail like this.
cool! Congrates for being a luckey one!
Looks like USCIS have distributed 485 apps to pre adjudicate, if others gets interview calls like you.
we have not seen case as you have.
so we all would like to know further as your case goes ahead, please keep us updated... It will help other, who gets reandom interview call.
gg_ny
10-04 10:31 AM
Hello,
You may have to meet with a lawyer and right away take remedial actions to fix the anomaly in your documents. Even if you are travelling inside the country, passport is an essential document for ID. If there is any confusion over your name in the passport, your SSN and creditcard, and the ticket, that itself is a recipe for arrest or detention in the airport. It is a major problem to have such papers during traveling or even routine checks. It is one of the things the enforcement agencies do not take lightly. The last thing you may want when traveling is to explain after 24 hrs of interrogation to a judge why you had id and immi documents with differing last names.
Hi all,
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
You may have to meet with a lawyer and right away take remedial actions to fix the anomaly in your documents. Even if you are travelling inside the country, passport is an essential document for ID. If there is any confusion over your name in the passport, your SSN and creditcard, and the ticket, that itself is a recipe for arrest or detention in the airport. It is a major problem to have such papers during traveling or even routine checks. It is one of the things the enforcement agencies do not take lightly. The last thing you may want when traveling is to explain after 24 hrs of interrogation to a judge why you had id and immi documents with differing last names.
Hi all,
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
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