TwinkleM
02-17 10:19 PM
Still your I 140 info does not show up. Also, my pd is of april 2006. But I -140 not approved yet, pending since june 2006. Ur new update is only giving me a good hope.
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Almond
07-17 11:02 AM
Almond: what browser are you using ?
Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:
Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:
485Mbe4001
06-10 01:16 PM
BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
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plassey
08-22 03:25 PM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
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jkays94
05-15 03:01 PM
Indeed if the major concern is the displacement of US workers and outsourcing, the Senator's should also send their questionnaire to companies such as Accenture (essentially a foreign corporation (http://www.gao.gov/new.items/d03194r.pdf)) and IBM Global Consulting among many other companies.
http://www.truthout.org/mm_01/4.dnc.gop.tax.report.pdf
Many of these corporations lobbying against cracking down on corporate expatriates and seeking to enjoy the tax breaks in moving offshore have been funneling campaign contributions to Republican federal candidates and parties. As the table on the previous page shows, Accenture contributed $237,584 (69% to the GOP) in the 2000 elections, and $207,081 (62% to Republicans) so far for the 2002 elections. Pricewaterhouse Coopers contributed more than $1.1 million (76% to Republicans), and more than $500,000 (81% to the GOP) already for the 2002 elections. Overall, these companies contributed nearly $2 million in 2000, with nearly another million thus far in 2002 – more than three-quarters going to GOP federal campaigns. These millions in contributions are clearly paying off.
Any surprise that Grassley received $4000 (http://www.congress.org/congressorg/bio/fec/?commid=C00300707&page=campaigns&order=TOTAL&cycle=2003-2004) from Accenture in 2003-2004?
So that the point is not lost, the two Senators should not seek to blame certain companies from only one country for the ills of outsourcing as well as attempt to blame the H1-B program for outsourcing when globalization is the order and reality of today's world. The fact that companies such as Accenture that specialize in outsourcing are not under similar scrutiny by the same Senators even when it is common knowledge their actions have resulted in the loss of US jobs raises serious questions about the Senators agenda in tackling outsourcing and in retaining US jobs in the US
http://www.truthout.org/mm_01/4.dnc.gop.tax.report.pdf
Many of these corporations lobbying against cracking down on corporate expatriates and seeking to enjoy the tax breaks in moving offshore have been funneling campaign contributions to Republican federal candidates and parties. As the table on the previous page shows, Accenture contributed $237,584 (69% to the GOP) in the 2000 elections, and $207,081 (62% to Republicans) so far for the 2002 elections. Pricewaterhouse Coopers contributed more than $1.1 million (76% to Republicans), and more than $500,000 (81% to the GOP) already for the 2002 elections. Overall, these companies contributed nearly $2 million in 2000, with nearly another million thus far in 2002 – more than three-quarters going to GOP federal campaigns. These millions in contributions are clearly paying off.
Any surprise that Grassley received $4000 (http://www.congress.org/congressorg/bio/fec/?commid=C00300707&page=campaigns&order=TOTAL&cycle=2003-2004) from Accenture in 2003-2004?
So that the point is not lost, the two Senators should not seek to blame certain companies from only one country for the ills of outsourcing as well as attempt to blame the H1-B program for outsourcing when globalization is the order and reality of today's world. The fact that companies such as Accenture that specialize in outsourcing are not under similar scrutiny by the same Senators even when it is common knowledge their actions have resulted in the loss of US jobs raises serious questions about the Senators agenda in tackling outsourcing and in retaining US jobs in the US
plassey
08-01 10:49 PM
If you have a company's blank letter head and genuine salary slips then every thing goes...
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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willwin
06-01 12:40 PM
done.
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dazed
07-19 10:29 AM
No she cant becuase her visa appointment is on Aug 13.
If her visa app. is Aug 13 (I assume it is at a consulate in your home country), she will not get her passport with visa stamped for atleast a few days. This is from FAQ section of chennai consulate in India. So plan accordingly.
When will I get my passport after the interview?
If you qualify for a visa, the passport with the visa will be returned to you by courier in a few days.
Can I get my passport immediately after the interview?
It is the policy of the Consulate to send your visa to you using our courier service.
If her visa app. is Aug 13 (I assume it is at a consulate in your home country), she will not get her passport with visa stamped for atleast a few days. This is from FAQ section of chennai consulate in India. So plan accordingly.
When will I get my passport after the interview?
If you qualify for a visa, the passport with the visa will be returned to you by courier in a few days.
Can I get my passport immediately after the interview?
It is the policy of the Consulate to send your visa to you using our courier service.
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wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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anilsal
12-26 10:25 AM
a couple of months can call the customer service to at least get someone look at their files.
Demand for visas exceeds the supply.
Demand for visas exceeds the supply.
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ronhira
07-22 11:17 AM
u know what i think, doggy, doggystyle and devils_advocate are all the same person, or they are anti-immigrants who are teaming up. admin may want to look at them closely... i would.... others can keep an eye on these guys too....
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waiting4gc
04-14 04:44 PM
Whichever one of you guys gave me the following red, keep it up.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
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prabasiodia
08-09 05:24 PM
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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redgreen
12-01 01:58 PM
Will they not update status when they send any FP notice? Even if one misses the letter, one will get an idea whether something happened or not. Or are you saying that they don't even change the status when they send FP notice and if it misses to reach us we never would be knowing at all??
Can anybody clarify whether they update at the online status system when they send FP notice. Otherwise there is some reason for a mild worry; still don't see any reason for the kind of anxiety people are having for not having FP.
Can anybody clarify whether they update at the online status system when they send FP notice. Otherwise there is some reason for a mild worry; still don't see any reason for the kind of anxiety people are having for not having FP.
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NKR
07-25 11:21 AM
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. US have lots to offer us if we just let go and start enjoying life. Good Luck!!
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
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andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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gveerab
12-29 05:39 PM
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
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logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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payur
06-27 08:41 AM
Hi Rajakannan:
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
HOPE_GC_SOON, I would think he is more of Gandhi. See his history, that will answer all :)
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
HOPE_GC_SOON, I would think he is more of Gandhi. See his history, that will answer all :)
h1techSlave
11-09 02:16 PM
AP applied at: NSE.
on: Sept 7th.
mode of application: online + mail in all copies via good old USPS.
Status on 11/09: Card production.
No physical card yet, but so far so good.
on: Sept 7th.
mode of application: online + mail in all copies via good old USPS.
Status on 11/09: Card production.
No physical card yet, but so far so good.
rajakannan
06-27 10:01 AM
Could you please assign date time for every single member that they should file their application on?
Thanks a lot.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
Thanks a lot.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
