gcwaiting17
10-04 05:36 PM
RD: July 2 nd
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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permfiling
08-09 09:59 PM
If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.
stemcell
07-14 04:17 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
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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
more...
sodh
07-12 01:43 PM
Send Tancredo an invite to debate this issue in Miami and see what he has to say.
HumHongeKamiyab
12-17 09:03 AM
I have met Rahul reddy for my immigration related work. The lawyer I am looking for is to discuss my "non-compete" agreement. So I am looking for an employment related attorney and not an immigration attorney. Thank you very much for your response. Regards,http://www.rvreddy.com/
more...
keepwalking
05-14 03:30 PM
My priority date will become current on June 1st 2011. I will add my wife to green card process on June 1st 2011 (she is in US in H-4 status now). My I-485 is with Texas processing Center.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
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clockwork
08-26 01:09 PM
Clockwork : Yes I am talking about LUD on approved
I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....
Yeah. Best of Luck. I believe, most of the cases submitted on July 2nd will be receipted before this month end. Thanks -
I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....
Yeah. Best of Luck. I believe, most of the cases submitted on July 2nd will be receipted before this month end. Thanks -
more...
ramboom1
03-28 07:55 AM
I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
Virtual,
That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.
best,
Berkeleybee
Virtual,
That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.
best,
Berkeleybee
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rajeshalex
09-25 03:20 PM
Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.
more...
n_2006
06-20 02:30 PM
As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
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perm2gc
08-30 12:54 PM
questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
more...
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iv4yarli
12-18 12:31 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Thanks for your help...
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julsun
09-27 11:30 AM
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
I had sent one combined cheque for EAD. My company had sent a seperate cheque for 485. I just sw my EAD cheque encashed today and it has two LIN numbers (I presume one for me and one for my wife). Not sure about 485 cheques since my company had sent them.
Thanks
I had sent one combined cheque for EAD. My company had sent a seperate cheque for 485. I just sw my EAD cheque encashed today and it has two LIN numbers (I presume one for me and one for my wife). Not sure about 485 cheques since my company had sent them.
Thanks
more...
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gc28262
12-17 08:41 AM
My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
Better to comeback by yourself as there is a 1% risk of being turned back from POE.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
Better to comeback by yourself as there is a 1% risk of being turned back from POE.
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forever
07-23 04:08 PM
There was no mention of travellers going out of the country without receipt notice.
more...
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Sunx_2004
08-15 11:56 AM
Here is the situation Mr. Pro-
I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
What if they withdraw new I 140 after I leave.
One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...
Please let me know you thoughts
Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)
I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
What if they withdraw new I 140 after I leave.
One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...
Please let me know you thoughts
Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)
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akhilmahajan
04-13 12:41 PM
Diptam, at this moment the best thing will be to get your wife an independent status.
She can get on to F-1 visa or file an H-1B visa. If your H-1B is being canceled for sure, then you need to move her on to an independent visa status.
Please talk to an attorney and evaluate all the options. I will say you need to act as fast as possible.
GO I/WE GO. TOGETHER WE CAN.
She can get on to F-1 visa or file an H-1B visa. If your H-1B is being canceled for sure, then you need to move her on to an independent visa status.
Please talk to an attorney and evaluate all the options. I will say you need to act as fast as possible.
GO I/WE GO. TOGETHER WE CAN.
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northstar1
07-26 03:57 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
ch102
11-20 12:09 PM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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