priti8888
07-18 04:07 PM
Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date
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rustamehind
07-18 07:12 PM
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
skv
08-12 05:32 PM
Will do the same Diptam and Lonedesi! If employer asks us later : why did you send the letter, we can address it at that time.
We have to take risk, we if want to some progess our I-140 cases.
Good night and see you later.
We have to take risk, we if want to some progess our I-140 cases.
Good night and see you later.
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Green.Tech
06-12 09:38 AM
Can we do better today (more than $125)?
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IAMINQ
02-04 07:28 AM
I got my labor approved from Philadelphai Backlog Center around Dec ' 2005. It was filed in March 2004 (RIR). If anyone needs more info mail me.
Thanks,
Thanks,
vpadman
01-14 10:29 PM
I have received a mail from USCIS regarding the emergency AP. They want evidence regarding this emergency AP.
I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?
If any of you have obtained an AP for business travel, please advise.
Thanks
I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?
If any of you have obtained an AP for business travel, please advise.
Thanks
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chanduv23
11-24 04:55 PM
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
If that is the case, then h1b is not an option at all.
If that is the case, then h1b is not an option at all.
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m306m
07-15 03:29 PM
I pledge $10 if we reach $2000 today
Keep going folks.
Keep going folks.
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eb3retro
08-12 11:28 AM
Not surprised that this is coming out of a Democratic senator, as they are never pro-business. Democratic party - watch out, its going to be bumpy in November.
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chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
more...
karan007
09-14 09:23 PM
After reading the thread, couldn't wait to start. Just made my first contribution of $100
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sandy2575
08-11 07:37 PM
sandy2575,
What category/country and what PD?
EB3/India/11-2006
What category/country and what PD?
EB3/India/11-2006
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AllVNeedGcPc
03-22 09:42 PM
... I thought all 485s from our times were already pre-adjudicated by now.
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
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delhiguy79
08-15 11:10 AM
If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:
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newbie2020
05-02 11:00 AM
Do we also need to contact the Senate Judiciary committee for any of these bills yet
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
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eb3_nepa
04-25 11:47 AM
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
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nk2006
10-16 05:12 PM
add a poll to it
Added a poll. Please vote so we can keep track on how many letters we sent. Lets pick up the pace.
Added a poll. Please vote so we can keep track on how many letters we sent. Lets pick up the pace.
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Dhundhun
03-18 01:55 PM
Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
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Ramba
07-23 06:18 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
pointlesswait
03-18 01:35 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
gk_2000
08-23 09:32 PM
You call the guy with Bsc/bcom and have the 4 programmers reporting to him is the multinational executive. As you might get benefit from it you can call whatever you want.
You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
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