bitu72
09-18 04:10 PM
email me at billrider321@yahoo.com as i do lot of it.
andy garcia
03-17 08:18 AM
My I-485 Receipt Notice does not have any PD on it either.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
digitalrain
06-25 06:50 PM
The link below describes where and how to apply for humanitarian parole.
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
pcs
04-09 03:53 PM
For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.
SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE
We must have 100,000 members in a short time
Thanks
SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE
We must have 100,000 members in a short time
Thanks
more...
Ramba
10-05 03:57 PM
Hello all,
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
rockstart
01-08 12:27 PM
this may help also :-
Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)
Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)
Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)
Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)
Thanks patiently_waiting, These are really good links. I have posted these links to IV Wiki as well for future reference. Please add information to Wiki as it can be really useful to folks who are need this info. When you get an RFE you do not have luxory of time and all this info in one place really helps. Thanks once again
Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)
Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)
Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)
Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)
Thanks patiently_waiting, These are really good links. I have posted these links to IV Wiki as well for future reference. Please add information to Wiki as it can be really useful to folks who are need this info. When you get an RFE you do not have luxory of time and all this info in one place really helps. Thanks once again
more...
lostinbeta
10-20 02:55 AM
I am seriously considering downloading 7 just to try out the program :)
Thanks for the version info edwin, I might just search around for version 6 and see if I can get it cheaper than version 7 ( US$479.00 ).
Thanks for the version info edwin, I might just search around for version 6 and see if I can get it cheaper than version 7 ( US$479.00 ).
GCBy3000
01-08 02:19 PM
How this conversion works. I am surprised to hear that your H4 to H1 got approved. I heard that any H4-H1 conversion will be counted againts the next years cap which opens up only in April'07. Was your wife on h1 before and got converted to h4 earlier? Then she may not be counted as she was already counted.
Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
more...
gnutin
06-10 12:43 PM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
a_yaja
06-25 10:34 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
more...
webm
02-14 09:28 AM
"If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."
I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.
HTH,
I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.
HTH,
mrsr
05-19 11:22 PM
No friend i am planning to do next week
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GCDelay
11-30 03:43 PM
xxx
EndlessWait
12-13 06:34 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
more...
mambarg
08-06 03:09 PM
Well I dont think there is a think tank there to think of what if scenarios.
They just start conservatively and increase by 6 months increment.
More or less they seem to be waiting till May/June to pull triggers and make current.
If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.
They just start conservatively and increase by 6 months increment.
More or less they seem to be waiting till May/June to pull triggers and make current.
If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.
When Green?
07-30 09:05 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
more...
Macaca
12-07 10:53 AM
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
logiclife
06-25 06:36 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
imh1b
05-19 09:35 AM
Is there a transcript available somewhere. What was the outcome of this. Can someone explain the process?
sr77
09-26 11:45 AM
Hello,
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
perm
04-05 03:29 PM
paragpujara,
I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.
Hi GC gurus,
I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Please provide me your input asap as i have to decide very soon.
I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.
Hi GC gurus,
I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Please provide me your input asap as i have to decide very soon.
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