pt326bc
07-12 07:14 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
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gconmymind
04-18 04:51 PM
See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!
So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?
EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.
So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?
EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.
go_guy123
10-08 09:00 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
JwbLZYSCCiw
Kaab taak ???? Hazaaron H1B/EB-I shaheed hone ke baad.
JwbLZYSCCiw
Kaab taak ???? Hazaaron H1B/EB-I shaheed hone ke baad.
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natrajs
12-16 02:07 PM
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
more...
Legal_In_A_Limbo
01-15 09:00 AM
please share ur experiences
please share ur experiences
please share ur experiences
JuneBut2ndJuly
09-06 04:51 PM
my employer messed it up. originally filed on June 14th and application returned due to wrong check included and mailed again on June 29th .
more...
gvenkat
11-30 02:44 PM
Hi
I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.
I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.
I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.
Stupidity has no boundaries! :mad:
Any advice or comments will be appreciated! Thanks.
I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...
Way to go USA... :mad:
as you said Stupidity has no boundaries! :mad:
I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.
I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.
I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.
Stupidity has no boundaries! :mad:
Any advice or comments will be appreciated! Thanks.
I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...
Way to go USA... :mad:
as you said Stupidity has no boundaries! :mad:
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rick_rajvanshi
03-20 03:55 PM
USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
more...
fromnaija
11-02 04:51 PM
First, cross chargeability is available ONLY if you have a spouse whose country of birth is different than yours. So get married first and then come back and ask the remainder of your questions.
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sekasi
08-18 08:55 PM
In that case, kinda have to make the ya rly counterpart ;)
more...
jsb
12-17 09:41 AM
A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.
They definitely are not working in PD order. PD is only used to skip a case if not due. They seem to work in order of paper filed cases, which are perhaps stacked in order they physically receive them (which is generally a date a few days prior to ND). That's what they mean when they claim "we process cased in order we receive them".
With above logic, your case was "received" in CSC in July08. Therefore, they are unlikely to look at it until they look those received prior to July'08. This is bad management, but that's how they seem to work. That also proves as to why they ask/get wider PD openings as year end nears (so that they don't have to skip too many cases when they pick cases one after another in order they physically received them).
They definitely are not working in PD order. PD is only used to skip a case if not due. They seem to work in order of paper filed cases, which are perhaps stacked in order they physically receive them (which is generally a date a few days prior to ND). That's what they mean when they claim "we process cased in order we receive them".
With above logic, your case was "received" in CSC in July08. Therefore, they are unlikely to look at it until they look those received prior to July'08. This is bad management, but that's how they seem to work. That also proves as to why they ask/get wider PD openings as year end nears (so that they don't have to skip too many cases when they pick cases one after another in order they physically received them).
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Jerry2009
05-11 01:47 PM
Hi desimass77. How do you convince the school that you are qualified?
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
more...
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eager_immi
07-17 09:28 AM
A# is either someting that you get by the following ways:
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
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imh1b
02-16 10:48 AM
Time for paid membership on this website...at least $5 a month..else, we will these kind of non-sense discussion threads...waste of time and resources (Including this message)
These time- pass threads are better than EB2 Vs EB3 threads.
These time- pass threads are better than EB2 Vs EB3 threads.
more...
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pappu
10-17 07:42 AM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
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maddipati1
01-12 11:13 AM
nice combo, SS and jealous of others who grow, if ur not WLPOS urself u wud've grown too :) if u have any clue abt jul07 fiasco and aftermath u wudnt be believin 'all izz well' like an ostrich :) 'all izz well' only makes Amir a few mil$s. u still have no clue why i have to even bother to respond to u, do u?
more...
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harrydr
01-26 07:10 AM
So does this mean that the dates haven't moved a bit for the month of March or we should wait until the 10th of february to get the visa bulletin for March??
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lvinaykumar
05-18 12:42 PM
The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
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Kitiara
08-16 06:25 AM
Duh... Guess I haven't woken up properly yet! Now I re-read all the posts, you're absolutely correct. Oops.
Anyway, I've found the break apart doodad can be quite hit and miss. I had a picture of some trees for an X-Files stylee website design I was toying around with, and they came out awfully, while some pylons came out even better. Neither were anything too radical, just basically black and white images.
Anyway, I've found the break apart doodad can be quite hit and miss. I had a picture of some trees for an X-Files stylee website design I was toying around with, and they came out awfully, while some pylons came out even better. Neither were anything too radical, just basically black and white images.
anu_t
06-18 11:30 AM
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
There might be a little problem if the 140 is revoked. But you can certainly try.
apahilaj
09-19 02:42 PM
Just an update -
I just called USCIS for the FP notice and she mentioned that the appointment has been ordered but the notice has not been sent yet. Probably because the newark ASC must be overbooked. She asked me to wait for 30 days from now and if I don't receive anything, call them back.
Will wait and hope...
I just called USCIS for the FP notice and she mentioned that the appointment has been ordered but the notice has not been sent yet. Probably because the newark ASC must be overbooked. She asked me to wait for 30 days from now and if I don't receive anything, call them back.
Will wait and hope...
