meridiani.planum
03-07 05:32 PM
Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
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kartikiran
08-21 09:48 AM
welcome to the world of dealing with USCIS
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
.
.
.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
.
.
.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
jthomas
10-16 10:32 AM
As per IV core we should be doing lobbing and lobbing needs money. We had tried few times and the latest High Five had not collected enough money that can be used for lobbying. How can we count on our members to do something big.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
2011 and amorphous solids.
Macaca
09-10 02:33 PM
Hey Andy! Come over to DC on 18th
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grinch
03-07 07:43 PM
Aw darn!
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
GCOP
07-11 01:26 PM
Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
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signifer123
02-13 11:50 AM
Dang it!!!!
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
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senthil1
12-26 07:21 PM
If old employer revokes I140 then the result will be unpredictable. But it is upto INS to decide. Only those who had similar experience can tell clearly about this. Or a Lawyer can give better idea
Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?
-Thanks,
Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?
-Thanks,
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mheggade
07-18 04:17 PM
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
hair The Physics of Amorphous Solids
desi3933
01-31 05:53 PM
In case of a dependant 485 there is no requirement to be paid on EAD.
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
abhijitp
07-24 09:47 AM
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
Where is anything said about an offer letter/ payslips?
Here is what the instructions for I-485 application form say:
Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
Where is anything said about an offer letter/ payslips?
Here is what the instructions for I-485 application form say:
Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
hot The thick, solid line
immigrant2007
09-10 01:16 PM
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
more...
house And Amorphous Solids
pappu
02-03 10:01 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
tattoo Amorphous Solids
bigboy007
06-11 01:35 PM
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
So hitting YES you are going to convey you are bold and ready to leave the country middle of this night with your kids leaving studies ? what is your profile though are you really an Prospective immigrant i doubt it.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
So hitting YES you are going to convey you are bold and ready to leave the country middle of this night with your kids leaving studies ? what is your profile though are you really an Prospective immigrant i doubt it.
more...
pictures Amorphous solids are very
conundrum
10-31 05:59 PM
Received letter from USCIS regarding the FOIA.
NRC2008063282
The request has been placed in the complex track!
NRC2008063282
The request has been placed in the complex track!
dresses Amorphous Solids Examples
Canadianindian
02-04 09:33 AM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
I mean when do I have to inform USCIS if at all?
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
I mean when do I have to inform USCIS if at all?
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
more...
makeup house crystalline solids and;
desigun
07-12 05:09 PM
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
girlfriend to as an amorphous solid,
bskrishna
07-03 01:32 PM
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
Agree that there are not many. The companies that do them, typically do not sponsor for GC that often (comparing the H,L nos to their GC nos).
Agree that there are not many. The companies that do them, typically do not sponsor for GC that often (comparing the H,L nos to their GC nos).
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greyhair
02-09 02:33 PM
Why am I not suprised with this news?
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
One immigration business shop says that visas are being wasted and that's our proof. We are now ready to list the reasons why visa numbers are being wasted. Not only the visas have been wasted but according to you the reason for wastage are -
1.) Inefficiency
2.) Directive from the administration
But before that, can anybody prove conclusively that visa numbers were wasted. What is the proof? Just because my application is pending doesn't mean that USCIS is wasting green card numbers. Give us all proof that visa numbers are being wasted. Where is the proof. Around 20 days back I wrote an email to the immigration business shop asking for proof of waste of visa numbers. No response.
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
One immigration business shop says that visas are being wasted and that's our proof. We are now ready to list the reasons why visa numbers are being wasted. Not only the visas have been wasted but according to you the reason for wastage are -
1.) Inefficiency
2.) Directive from the administration
But before that, can anybody prove conclusively that visa numbers were wasted. What is the proof? Just because my application is pending doesn't mean that USCIS is wasting green card numbers. Give us all proof that visa numbers are being wasted. Where is the proof. Around 20 days back I wrote an email to the immigration business shop asking for proof of waste of visa numbers. No response.
coopheal
04-11 04:00 PM
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
gcma08
06-13 04:21 PM
I got an approval notice sent update on 06/10 but no updates later. Anybody got cards who got approved during this time ?
PD: Jan 22 2004 (EB2-RIR, India) NSC
Labor Approved: 10/10/2006 NSC
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
LUD/AD: 6/11/2008 (Approval Notice Sent)
PD: Jan 22 2004 (EB2-RIR, India) NSC
Labor Approved: 10/10/2006 NSC
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
LUD/AD: 6/11/2008 (Approval Notice Sent)