dontcareanymore
10-21 05:20 PM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
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10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
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Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
venkat80
08-09 01:14 PM
Uscis = I Sucs
praveen2008
02-13 07:19 PM
\first of all thanks for the answers...
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
harryom
03-24 06:05 PM
:oCan anyone explain to me how to create new thread, I don't see any options.
Thanks Gurus':o
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
Thanks Gurus':o
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
more...
brij523
02-20 08:50 PM
Please don't miss the tomorrow teleconference.
Thanks
Thanks
gsc999
02-28 12:15 PM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit.
--
Can't answer all your questions but here is what I did. I had been working for the same company for five years. My priority date was Sept. ' 02. I finally got a 45 day letter in March '05. I decided not to remain hostage to the green card process. I changed my job mid-2005. Refiled all the paperwork. I was in my 5th year of H1B. You are in a better situation than me because your I-140 has been approved and having worked there for six years you might be able to convince them not to revoke it if you change your job.
I suggest you write down all your career and personal goal for next five years. Prioritize. Act on whatever takes precedence. Be very honest because you will need to face the consequences, job satisfaction vs delayed green card.
--
Can't answer all your questions but here is what I did. I had been working for the same company for five years. My priority date was Sept. ' 02. I finally got a 45 day letter in March '05. I decided not to remain hostage to the green card process. I changed my job mid-2005. Refiled all the paperwork. I was in my 5th year of H1B. You are in a better situation than me because your I-140 has been approved and having worked there for six years you might be able to convince them not to revoke it if you change your job.
I suggest you write down all your career and personal goal for next five years. Prioritize. Act on whatever takes precedence. Be very honest because you will need to face the consequences, job satisfaction vs delayed green card.
more...
ndbhatt
07-24 12:08 PM
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
.jpg "long love poems for your")
plusme
10-18 03:37 PM
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
more...
immi_enthu
08-10 04:22 PM
even if the I 140 address goes to an old address of the compnay why would it go back to USCIS. would it require a signature for it to be delivered ??
redelite
08-20 03:11 PM
Allllllllllrighty... here's my attempt at the O RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362
Edit: Man, a second look at it and I think it might be too light...
http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362
Edit: Man, a second look at it and I think it might be too light...
more...
snathan
02-12 12:53 AM
How about sending 100 thousand roses to WHITE HOUSE on the same day?
msyedy
12-13 11:30 AM
CIR agenda in 100 hours not days..........
more...
gc_lover
07-23 08:04 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
YesGC_NoGC
12-07 07:52 PM
Hi
In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.
For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.
Hope this helps you make your decision.
In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.
For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.
Hope this helps you make your decision.
more...
Wendyzhu77
02-11 10:26 AM
What do you mean "that is easily offset by EB-CP "?
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
TeddyKoochu
10-15 04:05 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
more...
immigrationvoice1
02-10 03:02 PM
This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.
gccovet
11-24 01:24 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.
GCCovet
bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.
GCCovet
bbenhill
10-12 07:55 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
please advice ...
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
cabal
08-30 12:16 PM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
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