vipatel3
10-17 03:56 PM
Hello Friends,
I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.
I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.
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justAnotherFile
08-04 12:57 AM
July 2 filer, PD 11/2005.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.
chanduv23
03-04 11:04 AM
Dear IV Lawyers,
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
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gc_dream07
02-01 01:22 PM
If you have enough money, invest 1million in US, and get GC, and buy peace of mind.
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sunny1000
07-23 01:38 AM
For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?
No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
GC_LOOKIN
05-08 11:27 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
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Savi
07-07 09:47 PM
And here is the answer (unless I haven't digged back far enough!)
http://immigrationvoice.org/forum/showthread.php?t=5990
BTW, I am curious as to who first proposed this idea.
http://immigrationvoice.org/forum/showthread.php?t=5990
BTW, I am curious as to who first proposed this idea.
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sbmallik
07-23 01:55 PM
In the stated situation, I would opt for changing the I-485 case to consular processing.
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unseenguy
05-16 03:14 PM
Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
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ksairi
08-16 02:38 PM
Please advice
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RLNY122004
06-15 04:25 PM
I won't .
Congrats RLNY122004! Dont forget IV!
Congrats RLNY122004! Dont forget IV!
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fall2004us
10-20 05:59 PM
Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks
Go here
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/
click on new thread :D
Go here
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/
click on new thread :D
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mps
08-15 05:00 PM
:p You just killed spirit of "AC21"
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
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learning01
03-28 01:33 PM
Straight I 485, EAD and AP filing, then aim for 6 months.
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
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chi_shark
07-28 03:23 PM
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
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InTheMoment
07-17 08:45 PM
What ?? Why do you even have any such doubts :confused:! Once you have US GC all rules about maintaining it apply. Nothing changes if you visit Canada and return to US if you are well within those rules!!
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pa_arora
03-26 04:38 PM
This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.
I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.
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dixie
08-09 08:58 AM
NoBody will get greencard .it is a scam.
that seems a more realistic prediction :D
that seems a more realistic prediction :D
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svr_76
10-15 10:43 AM
What do you mean Our Own people?
By initiating the process of Green Card (with the eventual intent of accepting a US citizenship) arent we differentiating ourselves from "them" the people from the other country.
It is the inevitable that all need to accept....we might spent half a decade or more to gain the permanent residence here...only to find that when we get that, the lady-boom is shining over the land whose very credentials we have been planning to shed, so then it will be time for us to line-up with the Indian consulates trying to get PIO card using Premium Processing.... ???
I fail to see why this topic is a "discussion" topic on this forum?
By initiating the process of Green Card (with the eventual intent of accepting a US citizenship) arent we differentiating ourselves from "them" the people from the other country.
It is the inevitable that all need to accept....we might spent half a decade or more to gain the permanent residence here...only to find that when we get that, the lady-boom is shining over the land whose very credentials we have been planning to shed, so then it will be time for us to line-up with the Indian consulates trying to get PIO card using Premium Processing.... ???
I fail to see why this topic is a "discussion" topic on this forum?
dtekkedil
07-02 05:20 PM
Hello Folks,
We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
We should call the new organizations and let them know... make sure that they cover this fisco!
But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
So, if people are interested... let us start a send a flower a day campaign!
We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
We should call the new organizations and let them know... make sure that they cover this fisco!
But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
So, if people are interested... let us start a send a flower a day campaign!
apb
08-06 06:54 PM
Bump
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