leo2606
08-15 09:44 PM
That is true any bodys priority date before that date and cleared FBI name check, finger printing they will be given GC
What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?
What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?
wallpaper Since letter writing is a lost
coopheal
05-06 08:57 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
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.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
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.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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crystal
07-16 05:52 PM
H-1Bs have an affirmative action preference ... What a shameful propaganda?
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
.
more...
jcmenon
07-24 09:31 AM
I totally agree with you. Lets go allout for this. We have to convince this first to IV core to take this up with priority then only we can pursue this with USCIS.
wonderlust
09-19 10:00 PM
I TOTOALLY AGREE. WE NEED TO HIGHLIGHT THAT WE ARE LEGAL. WE DON'T BASH ILLEGAL IMMIGRANTS, BUT WE CAN EMPHASIZE OUR OWN LEGALITY!!
I like LIV.ORG. Live and let live!!
Wonderlust
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
I like LIV.ORG. Live and let live!!
Wonderlust
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
more...
Macaca
09-10 02:33 PM
Hey Andy! Come over to DC on 18th
2010 composing letter. the lifeform
webm
04-24 01:48 PM
I also got my "Card production ordered" status few days back.
however I also received a mail for biometrics appointment of 05/02?
the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.
why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?
should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02
---------------------------------------------
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: MA
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): Yes
485 Receipt Date : June 14th 2007
485 Notice Date : July 2nd 2007
MY FP Completed : 08/02
485 LUD - 08/02, 08/02
I would say you better get biometrics done....on a safer side..:)
however I also received a mail for biometrics appointment of 05/02?
the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.
why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?
should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02
---------------------------------------------
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: MA
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): Yes
485 Receipt Date : June 14th 2007
485 Notice Date : July 2nd 2007
MY FP Completed : 08/02
485 LUD - 08/02, 08/02
I would say you better get biometrics done....on a safer side..:)
more...
qesehmk
02-08 08:24 PM
Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
hair Write a Letter, Be Counted
senthil1
12-22 11:14 AM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
more...
spicy_guy
09-21 03:48 PM
They can give us Citizenship for waiting x number of years after filing 485.
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pappu
06-14 12:25 PM
You can get the following forms :
1. I-693
2. I-485
3. I-765
4. I-131
5. G-325
from :
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Here is the link for form I693.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
SOP
http://immigrationvoice.org/media/forums/iv/485SOP_Section1_MailRoom.swf
======================
Here is link to I-485 Standard Operating Procedures (dated 2002)
http://www.ilw.com/seminars/august2002_citation2b.pdf
This adjustment of status SOP document would make clear the procedure, priority and order of the decision making process of the I-485 at CIS.
Though might not be most updated, it would give a glimpse of what happens inside the black box!
Enjoy!
http://www.imminfo.com/resources/cissop.html
1. I-693
2. I-485
3. I-765
4. I-131
5. G-325
from :
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Here is the link for form I693.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
SOP
http://immigrationvoice.org/media/forums/iv/485SOP_Section1_MailRoom.swf
======================
Here is link to I-485 Standard Operating Procedures (dated 2002)
http://www.ilw.com/seminars/august2002_citation2b.pdf
This adjustment of status SOP document would make clear the procedure, priority and order of the decision making process of the I-485 at CIS.
Though might not be most updated, it would give a glimpse of what happens inside the black box!
Enjoy!
http://www.imminfo.com/resources/cissop.html
more...
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sivakumar
02-22 01:48 PM
thanks GCwaitforever I just wish that after april you change your name to GCRecivedFinally :->
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danu2007
10-30 11:03 PM
Done..Posted the letter
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pictures Write-letter
NKR
07-03 11:09 PM
May I suggest the following reservations:
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people
Notfunny dude..
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people
Notfunny dude..
dresses Letter writing expert Rupert
anilsal
12-13 01:22 PM
Having a FAQ with links to discussions held in the forums may be the answer.
more...
makeup Assignment: Write a Letter
24fps
02-19 07:42 AM
this bill will never pass at-least in the next 2 years! i can give you a guarantee on that!
these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen
no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
and become a political issue like in 2007
if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain
Bad luck Bad timing
these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen
no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
and become a political issue like in 2007
if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain
Bad luck Bad timing
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dvb123
02-03 10:03 AM
I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.
I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.
Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.
I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.
Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.
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chanduv23
07-29 01:48 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
thehulkdeals
08-16 01:00 PM
EB3 for ROW has retrogressed quite a bit and this could actually be a great opportunity to beef up the DC rally with people from the rest of the world. It would be much better to have legal immigrants from all over the world protesting instead of just Indians and some Chinese. Core group, time to look in that direction since we only have a month before the rally? I expect there to be a lot of Europeans and Aussies on the East Coast on EB-3.
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
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