dingudi
09-30 06:48 PM
Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
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GCBoy786
09-13 03:57 PM
I received my receipts today... Most of your's might be on the way too...
Keeme
02-11 01:40 PM
Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
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ihabosman
08-13 09:15 PM
ihabosman and MUKRAW6,
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
more...
imind
03-12 03:54 PM
JUST REQUEST ONLY:
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
alanoconnor
04-10 07:29 PM
http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
more...
vxb2004
04-28 06:52 AM
Any inputs please....
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apchinta
11-13 09:15 PM
Same thing happened to a friend, and he complained to DOL. The employer was made to pay the amount with fine.
more...
smuggymba
02-12 11:39 PM
Just don't use immigration expert chandler sharma from Atlanta because this immigration expert doesn't handle immigration matters once you pay a 100 dollar fee at the reception.
If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.
My worst 100 dollars spent ever.
If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.
My worst 100 dollars spent ever.
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pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
more...
gjoe
01-04 09:24 AM
I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.
All that I have mentioned above are just my guess based on the trends I see at various forums.
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
All that I have mentioned above are just my guess based on the trends I see at various forums.
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
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ita
09-22 04:19 PM
Thank you.
more...
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good idea
03-13 09:08 PM
Since few people are not happy with this thread, please delete the thread.
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Gravitation
05-30 02:22 PM
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
more...
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Axilleus
10-23 10:42 AM
EAD application sent Aug 26 (Arrived Aug 28)
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
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ivar
04-16 02:03 PM
Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.
Good luck!!
I sent you a PM.
Thanks.
Good luck!!
I sent you a PM.
Thanks.
more...
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optimystic
09-10 03:12 PM
Most of you know about rear view mirror fuzzy dice cubes
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.
I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.
Dear USCIS,
Please accept our token gift. We hope you would adopt the following traits as your motto.
'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?
'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.
'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order
'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??
' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers
'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc
We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.
Sincerely
Your customers
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.
I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.
Dear USCIS,
Please accept our token gift. We hope you would adopt the following traits as your motto.
'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?
'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.
'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order
'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??
' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers
'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc
We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.
Sincerely
Your customers
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gimme_GC2006
04-13 01:13 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
just search on this site..this is discussed almost every week.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
just search on this site..this is discussed almost every week.
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Lok_sumi
07-24 02:57 PM
You can file 2 applications. It's likely that they will not issue two Advance Parole and EAD applications to each of you. At some point down the road USCIS will make you choose which application to pursue to completion.
xgoogle
06-23 09:08 AM
I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
smuggymba
10-05 11:00 AM
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
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