gc_buddy
03-07 04:55 PM
It took me about 95 days, from start to finish.
Can you please share which service center and the dates..
Can you please share which service center and the dates..
wallpaper A Year Without Rain by Selena
jettu77
07-17 06:40 PM
So, they were decided on July 13th itself...
Department of State Publication 9514
CA/VO:July 13, 2007
Department of State Publication 9514
CA/VO:July 13, 2007
rkat
12-13 08:15 PM
Dyekek12 - my friend....We all are here only wishing the best for each other.! There has to be a reason why majority of folks who responded to to ur post in fact agree with what i had to say...This country is full of opportunity - no doubt about that.! But boy - one has to heavy, heavy price for that.!! A price that a lot of folks on this forum have to come to see - one that is not worth it.!. Yes - i am talking about the GC. Something that promises you all the freedom, flexibility, mobility that each one of is entiltled too.! But the road to get the GC is a road better not taken.! The only reason most of the folks here think alike - because we're already on this extremely bumpy road...invested time, $$, energy into all this.! And we all have been bought to a stage where we are standing outside the temple but are not allowed inside to seek blessings.! We don't know when we will be allowed inside..?? This is the anxiety that ends up eating u inside.!! Extremely uncomfortable, uneasy and anxiety filled scenario.!!
Yeah dude...make a wise decision..No matter what! We can only advice.! Good luck!
Yeah dude...make a wise decision..No matter what! We can only advice.! Good luck!
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Mohit_Malkani
10-08 11:13 AM
Sorry to hear about your situation.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
more...
jsb
03-26 09:41 AM
security clears of what? Anthrax?
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
samswas
05-25 03:37 PM
I think the problem is with the Poll.
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.
So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??
Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.
So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??
Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote
more...
frostrated
05-13 12:00 PM
why are you worried about your labor when your status shows that you have filed your 140?
2010 A Year Without Rain but
Canadian_Dream
11-17 12:38 PM
Thread: If EB Reform happens it will happen in 2007
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
more...
manand24
08-03 12:14 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.
Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.
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SDdesi
08-29 05:01 PM
This includes 2nd July 2007 received date.....
Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
more...
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bishwas123
03-14 05:34 PM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
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adusumilli
09-27 09:34 AM
from tracitt data it looks like NSC is going by Notice Date than recipt date. looks like NSC is processing aug 13- aug 15 ND cases now.
more...
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chandra140
08-24 09:34 PM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
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acecupid
07-05 12:32 PM
I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
more...
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skodu
08-16 01:59 PM
My Company charged 2 of colleagues for their Spouses application fees, but covered their legal fees couple of years back. But they covered everything for me and my wife this year June. It varies company by company and trust and between the Employee and Employer and value of the Employee.
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irrational
06-19 05:52 PM
Folks,
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
more...
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%2BMade%2Bby%2B3xKirby.jpg "Selena Gomez - A Year Without")
Lisap
08-03 12:49 PM
------------------------------
This post has been deleted.
Please mantain a civil tone on the forums.
This post has been deleted.
Please mantain a civil tone on the forums.
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sunflowershower
12-03 11:52 PM
First, thank you all for your kind and fast replies,
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
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renupond
10-04 05:02 PM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
StuckInTheMuck
05-03 08:17 AM
Updating profile should fill up your information in the tracker.
Will make a not of it.
Thanks a lot.
GO IV GO
Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
Thanks.
Will make a not of it.
Thanks a lot.
GO IV GO
Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
Thanks.
newuser
12-02 10:10 AM
I had a similar issue six months ago.
I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.
Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.
Hope you get the documents on time.
I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.
Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.
Hope you get the documents on time.
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