gotgc?
09-16 06:13 PM
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
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roseball
08-01 10:45 PM
The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....
Macaca
12-15 01:41 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
2011 162. modern. p. hildebrand
gbof
06-30 01:49 PM
so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)
From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...
pal :)
I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.
From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...
pal :)
I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.
more...
saiimmi
01-27 07:14 AM
So, what's the significance of 485 processing dates? Say, if my PD is June 2001 EB3 and my 485 got applied in Aug, 2007 what are the chances that my 485 will be touched if the visa bulletin were to move to June but the processing dates were to be in July 2007?
logiclife
08-02 02:19 PM
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
more...
little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
2010 p. hildebrand brandenburg
seahawks
08-17 09:46 AM
no refunds, USCIS does not work that way, checks get cashed before they work on a case. Once the checks are cashed, no refunds. The only scenario is if you fell within the cap and they wouldn't accept your application, the whole packet is returned which then will have the checks within the packet. Hope that makes sense:?
more...
karanp25
08-11 12:00 PM
why would address change delay processing ur 485? This is the most ridiculous question ever asked. Inviting panic, for the heck of it....
just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
hair 162. modern. p. hildebrand
pappu
04-23 10:23 AM
Please make sure your title of the thread is self explanatory.
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java4yogi
06-09 02:05 AM
just checking if any lucky ones have received a approval for their h1b petitions this year !!!
hot Hildebrand Lau designed
PD_Dec2002
07-07 09:38 PM
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.
In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.
Thanks,
Jayant
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.
In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.
Thanks,
Jayant
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house Ogle Moore Family History
krishmunn
03-04 12:28 PM
Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.
If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.
If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.
tattoo #39;Gift-plate of Hildebrand
freeskier89
01-02 02:23 AM
Imageshack hosts them last I checked. I thought so too, but they don't seem to anymore
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pictures 162. modern. p. hildebrand
sankar_203
04-01 05:54 PM
Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
dresses 1894 Hildebrand amp; Wolfmüller
mikkisu
07-20 12:39 PM
:-)
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makeup As my family lines unwind
lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
girlfriend to your family first and
pappu
08-22 08:06 PM
I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
hairstyles more.
jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
sanjay02
10-17 02:19 PM
I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
sdeshpan
07-10 04:29 PM
Wow, surprisingly the Eb-2 dates have moved ahead by 2 yrs!! I have a feeling they will go back to 2000 next month :p
