p1234
10-04 06:29 PM
DON'T BELIEVE ANYTHING this guy says...read this thread (the posts towards the end)
http://immigrationvoice.org/forum/showthread.php?t=21835
http://immigrationvoice.org/forum/showthread.php?t=21835
richana
12-03 12:11 PM
This is great news
stillhowlong
01-19 05:55 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
kanta80
04-05 11:39 AM
Thank you very very much, sertasheep. I really appreciate your help.
more...
doudou
07-26 12:40 PM
mambarg wrote
Nebraska is processing Apps received June 29th
So in next few days, as expected we may start seeing processing or receipts for July 2nd filers on Aug 1st at least at nebraska.
I saw it on __________________
Do you know if some June 29th filers received their recipt numbers?
Thank you!
Nebraska is processing Apps received June 29th
So in next few days, as expected we may start seeing processing or receipts for July 2nd filers on Aug 1st at least at nebraska.
I saw it on __________________
Do you know if some June 29th filers received their recipt numbers?
Thank you!
Green.Tech
08-03 05:15 PM
As per my attorney, the first case is correct.
more...
eb3_nepa
08-13 09:39 PM
Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
WaldenPond
02-05 12:40 AM
Two bills tackling this matter have recently been introduced. One is the Protect America's Competitive Edge Act, by Senators Pete V. Domenici, Republican of New Mexico; Jeff Bingaman, Democrat of New Mexico; Lamar Alexander, Republican of Tennessee; and Barbara A. Mikulski, Democrat of Maryland. A similar bill was introduced by Senator Joseph I. Lieberman, Democrat of Connecticut. Several of the senators met with President Bush in December to encourage him to support the competitiveness legislation.
Hello stucklabor,
This is very promising news. We knew about PACE but another similar bill by Senator Joseph I. Lieberman just adds to the excitement. We should keep a close eye on these bills and maybe start sending communications to the lawmakers about these bills.
What do you say?
Hello stucklabor,
This is very promising news. We knew about PACE but another similar bill by Senator Joseph I. Lieberman just adds to the excitement. We should keep a close eye on these bills and maybe start sending communications to the lawmakers about these bills.
What do you say?
more...
krishmunn
05-11 08:24 AM
Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.
nb_des
09-21 02:39 PM
As I understand even NumbersUSA support removing the per country cap.
more...
rameshk
03-03 04:32 PM
Who is the laywer? can share his contact information with us please?
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
desi3933
03-16 12:08 PM
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
>> Also, as per my understanding, You only get RFE when your PD is current
Incorrect.
RFE and I-485 denial can be issued even when PD is not current.
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
>> Also, as per my understanding, You only get RFE when your PD is current
Incorrect.
RFE and I-485 denial can be issued even when PD is not current.
more...
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 :-)
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 :-)
kirupa
12-02 04:58 PM
Congrats Phat :) I will have these entries added to the kirupaLab sometime by the end of this week!
more...
HumHongeKamiyab
04-08 10:59 PM
Then what do you do if you dont have a candian permit ??
Hope the following link will make it clear.. Probably, You have to go back to your home country for stamping if your visa is rejected in canada..
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
--HumHongeKamiyab
Hope the following link will make it clear.. Probably, You have to go back to your home country for stamping if your visa is rejected in canada..
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
--HumHongeKamiyab
samcam
05-19 10:57 AM
Welcome to our newest member TheHumanist
3869 and counting!!!
3869 and counting!!!
more...
GCwaitforever
03-07 06:55 PM
Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.
mena
11-14 12:59 PM
Hi,
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
gmb
02-02 01:17 AM
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
voldemar
01-10 10:33 AM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
