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  • leo2606
    11-13 09:41 PM
    Why does he need to wait?He is talking about previous employer.

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)





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  • pd052009
    09-13 02:55 PM
    I think your postings in EB3-EB2 discussions made you infamous.





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  • WillIWin?
    02-18 10:16 AM
    Hello everyone,

    I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.

    The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).

    I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?

    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?





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  • GCisLottery
    05-25 08:17 AM
    It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)

    I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
    (2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
    in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
    October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
    the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
    paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
    Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
    -----------
    INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)

    245B:
    (b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.



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  • sparky_jones
    09-30 07:49 PM
    Thanks for your response. I guess option 1 would be preferable. However, the fact that there is no straightforward way of confirming if USCIS took action on the request to remove the attorney is a little unnerving.

    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?





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  • stuckinmuck
    06-15 04:14 PM
    06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today

    DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.

    On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.

    Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.

    In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.

    With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.

    As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.



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  • gc_kaavaali
    07-27 07:17 PM
    When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.

    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?





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  • amitjoey
    06-25 12:37 PM
    Hello all,

    I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.

    Pl help. Can I go ahead and apply for my 485?

    Also, would you know anything about copies of affidavits?

    Pl reply. I am in serious bind.

    Thanks.

    You need copies of your passport for 485. Send the copies and then send the passport for renewal. If RFE comes, you will have the new passport by then.
    Check with your lawyer, I am sure it is not a big deal. Please consult your lawyer.



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  • pamposh
    08-08 12:33 PM
    Pamposh:

    I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?


    What is your back up plan

    VSC received the application based on the tracking info from UPS.
    Whether they forwarded it to NSC or TSC- I don't know yet.
    based on the question 6 in link below from USCIS, i think they will
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    BUT when I don't know! what will be the receipt date? Not sure!

    No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.





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  • punjabi
    07-24 01:40 PM
    Pls don't get me wrong but when your prior understanding was that You will join his company in near future, based on which he agreed to file your I-140 even if you have paid, why do you don't want to go by your word?

    I know employers suck people like us here for GC, etc. but we as employees should also go by our word. If you stay on your decision to join his company now since I-140 is approved, you won't end up having complications at all.

    Besides, it is give-and-take and at the most, you will have to work for a year or so with him.

    Good luck.



    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my I really appreciate your response in this regard.

    Thanks!!



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  • smartboy75
    09-28 07:27 PM
    bump

    ^^^^^^^





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  • rajev_kk
    10-10 04:55 PM
    You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.



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  • ggyro
    07-12 06:13 PM
    Forgive me if this post does not belong here (this is the first time I am posting anything in any forum)

    I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
    1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
    2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.





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  • sureshvd
    10-15 11:25 AM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.



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  • prasadn
    02-05 11:54 AM
    Gurus,

    I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).

    Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?

    Regards

    As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.

    What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.





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  • GC_SUCK
    09-26 07:20 PM
    Here are details

    PD: 04-08-02 - EB3-ROW
    Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
    I-140: Approved on 03/30/07
    FP:05/11/07
    EAD:Card Received in mail on 06/21/07
    AP:Notice Mailed on 06/21/07
    485 LUD (Last Update):
    03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
    I485:APPROVED - 09/18/07
    I485:Approval Notice Mailed - 09/21/07

    Card Received - 09/24/07

    Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.



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  • msp1976
    06-25 09:53 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.


    Once your wife is not in this country..she would not be eligible to file 539...

    But I do not think your head needs to explode...All you have to do now is to send your extension papers to wife back home and get her H4 stamped...
    Without a stamp she cannot come back and by leaving country she abandoned the I539....

    It is OK ...you shall live....Your attorney is gonna tell you the same thing tomorrow..





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  • amdn123
    02-04 08:22 PM
    I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?





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  • Saralayar
    08-16 11:01 AM
    i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
    Thanks.
    I don't know why guys are so anxious about the reciept number. When they get the reciept number mail, they are going ot have all the details. Unnecessary anxious. What you guys are going to do with your reciept number known early?. Is it going to speed up your GC process?. Be cool and wait. You will get everything...





    walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





    saimrathi
    07-10 08:33 AM
    No checks cashed yet...

    PD Mar '05
    485 + 140 Concurrently sent on 6/30 recd at NSC on 7/2/07.