Siboo
07-09 10:41 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Everybody is seriously waiting for some update, you are just making fun of us. :mad:
When you write something in the forum, write with proof. Otherwise keep it with your own family...
Thanks
Everybody is seriously waiting for some update, you are just making fun of us. :mad:
When you write something in the forum, write with proof. Otherwise keep it with your own family...
Thanks
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never_giveup
11-05 03:13 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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eadguru
11-02 09:29 PM
See Signature...
----------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/17/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24 from VSC. Received 11/01
AP - RFE for clear copies of PP 10/31
No Finger Prints
----------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/17/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24 from VSC. Received 11/01
AP - RFE for clear copies of PP 10/31
No Finger Prints
more...
bikram_das_in
04-20 09:48 AM
Immigration reform is for all.....
1) Path to citizenship for undocumented workers
2) Relief to backlogged EB/FB immigration - pork for us
3) Foolproof border security and enforcement of immigration law - pork for Antis
So it's a win win for everybody. We should support this march and show our solidarity to CIR.
1) Path to citizenship for undocumented workers
2) Relief to backlogged EB/FB immigration - pork for us
3) Foolproof border security and enforcement of immigration law - pork for Antis
So it's a win win for everybody. We should support this march and show our solidarity to CIR.
dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
more...
Lasantha
02-18 12:07 PM
I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
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new_horizon
08-03 11:22 PM
Great idea. But make sure the replies you send are appropriate to the questions. I think those who add that to their signature should be more careful in avoiding jokes or vain words so that others don't take it (signature) lightly.
more...
rbalaji5
11-16 03:54 PM
Thanks for the information.
I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.
I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.
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sanjay02
03-28 07:34 PM
Report to dept of labor at your local office.
info@dol.gov
info@dol.gov
more...
B+ve
09-01 06:12 PM
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
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mohican
02-18 02:58 PM
take into account that there was holiday season in between
more...
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fromnaija
06-23 02:05 AM
Reading the SOP on I-485 processing, I found that the application is stamped with the receipt date in the mail room. When the package is eventually opened the receipt date is compared with the visa bulletin as of that receipt date and if PD is not current the application is rejected.
Yeah, its not worth the risk. Just curious about how this timeline works though.
Yeah, its not worth the risk. Just curious about how this timeline works though.
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Raj Iyer
09-13 12:13 PM
Hi:
IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?
IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?
more...
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gcformeornot
09-01 09:15 AM
why are you posting multiple times?
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optimystic
09-11 01:29 AM
^^ Bump ^^ (just wanted to give some more 'air' time for this thread in hopes of catching attention from IV core )
more...
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ivjobs
11-11 04:48 PM
This is pretty cool and a nice feature for the benefit of the members. Once this is successful, probably we could get few more willing attorney's who can help the members in a chat environment.
This is definitely a big leap towards benefits being offered to the IV members.
Awesome, keep it up core...
This is definitely a big leap towards benefits being offered to the IV members.
Awesome, keep it up core...
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kshitijnt
11-12 08:49 PM
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I fully agree. Its a market economy. Everything depends on demand and supply, your SKILLS and value to the employer.
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I fully agree. Its a market economy. Everything depends on demand and supply, your SKILLS and value to the employer.
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jasmin45
08-02 04:54 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
These are old statistics which can be found in many threads in IV post july 2nd fiasco... Just wanted to add .. there were some news articles which also mention about USCIS returning some of the requested numbers as early as July 5th. So they did not use all the numbers that they have requested for. Hon. Congresswomen Zoe Lofgren also mentioned about this return of visa numbers in her letter to Secretary as well.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
These are old statistics which can be found in many threads in IV post july 2nd fiasco... Just wanted to add .. there were some news articles which also mention about USCIS returning some of the requested numbers as early as July 5th. So they did not use all the numbers that they have requested for. Hon. Congresswomen Zoe Lofgren also mentioned about this return of visa numbers in her letter to Secretary as well.
GC_SUCK
09-26 11:19 AM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
lazycis
12-05 04:27 PM
AILF is a non-profit organization. You are probably right regarding AILA :)
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