priti8888
10-02 12:30 PM
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In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
Scythe
12-02 04:25 PM
Are you not allowed to vote for yourself?
EDIT: Oh, right, I forgot about your plan to wait and see which one of yours you should vote for.
EDIT: Oh, right, I forgot about your plan to wait and see which one of yours you should vote for.
amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
wandmaker
08-11 06:45 PM
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
more...
gc_chahiye
11-13 12:13 PM
I would appreciate if any of you could shed light on the following scenario:
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
theperm
05-07 07:51 PM
The Employer won`t be touching the I-140 or any other related GC apps.About the time frame for getting same or similar job...I am seriously keeping my fingers crossed!!!!
Thanks for all the detailed inputs alterego !!!
Thanks for all the detailed inputs alterego !!!
more...
fromnaija
11-30 11:19 AM
I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.
You are wrong! Portability applies after 485 has been pending for more than 180 days.
You are wrong! Portability applies after 485 has been pending for more than 180 days.
illinois_alum
05-27 09:30 PM
I had e-filed for me and my wife on 05/14.
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
I e-filed for my wife on 5/24 - application was submitted to NSC.
Sof LUDs on 5/25, 5/26 and 5/27
Sent documents on 5/25 - Received by NSC on 5/27
Received Receipt Notice on 5/27
Waiting for FP notice (last FP was ~2 years back at the time of last EAD renewal)
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
I e-filed for my wife on 5/24 - application was submitted to NSC.
Sof LUDs on 5/25, 5/26 and 5/27
Sent documents on 5/25 - Received by NSC on 5/27
Received Receipt Notice on 5/27
Waiting for FP notice (last FP was ~2 years back at the time of last EAD renewal)
more...
unseenguy
06-16 01:12 AM
I agree with above posters.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
mrane1
08-05 11:15 PM
I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:
more...
fromnaija
07-11 03:24 PM
If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
eagerr2i
12-04 12:57 PM
Unfortunately, incompetence and inefficiency can not be grounds of a lawsuit. :)
Lawsuits can only hold ground if you can prove that a particular action taken was wrong as per the rule on the books and it lead to monetory loss or physical pain.
Lawsuits can only hold ground if you can prove that a particular action taken was wrong as per the rule on the books and it lead to monetory loss or physical pain.
more...
longwaitneeds2end
09-16 03:25 PM
Jediknight,
Thank you so much for posting this on IV. We really need to stop such people from spreading hatered towards immigrants.
Signed the petition. :)
Thank you so much for posting this on IV. We really need to stop such people from spreading hatered towards immigrants.
Signed the petition. :)
txh1b
08-18 05:31 PM
They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.
more...
laksmi
12-03 08:17 PM
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.
GotGC??
05-15 12:03 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
more...
snathan
04-08 04:08 PM
Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
humdesi
02-17 02:13 AM
There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.
Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....
Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.
Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....
pitha
07-18 11:08 AM
we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
Let us all pledge to give atleast a $20, $50 monthly payments.
Let us all pledge to give atleast a $20, $50 monthly payments.
americandesi
09-09 07:04 PM
The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
krishgreen
04-26 01:54 PM
Hi,
I have a appointment for H1B Visa stamping at Matamoros on May 27th. Just checking to see if anybody went for H1B Visa stamping at Matamoros lately and would like to share the experiences.
Thanks.
I have a appointment for H1B Visa stamping at Matamoros on May 27th. Just checking to see if anybody went for H1B Visa stamping at Matamoros lately and would like to share the experiences.
Thanks.
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