chantu
03-11 10:36 PM
I got my I140 approved today after the RFE I received last week. I checked online status today and it is now appearing that Approval Notice Sent. My employer sent the documents last week quickly. Now it is approved.
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lazycis
01-11 11:45 AM
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
blackberry
07-24 12:26 PM
I have already contributed which bucket do i fit in... :)
--BB
--BB
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sanju_dba
02-13 12:14 PM
You guys mean "ONLY" when your PD is current? right? :rolleyes:
more...
phillyag
02-12 04:02 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
In that case can I move to EAD in the given situation ( as above) ?
slowwin
06-23 09:08 AM
If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
more...
harivenkat
08-03 03:31 PM
fyi... not sure what this meant...
-----------------------------------------------------------------------------
August 3, 2010
Dear XYZ,
Thank you for contacting me about changing H-1B and L-1 immigration policy. I understand your concerns.
As you may know, Senator Richard Durbin (D-Illinois) introduced the H-1B and L-1 Visa Reform Act (S.887) on April 23, 2009. This legislation would change current immigration laws to limit the number of special occupation and intra-company transfer workers permitted to receive United States visas. It would also increase the oversight of H-1B and L-1 visa holders to reduce fraud and abuses in the system. This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Should this or related legislation come before me for a vote, I will keep your views in mind.
Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.
Sincerely,
United States Senator
-----------------------------------------------------------------------------
August 3, 2010
Dear XYZ,
Thank you for contacting me about changing H-1B and L-1 immigration policy. I understand your concerns.
As you may know, Senator Richard Durbin (D-Illinois) introduced the H-1B and L-1 Visa Reform Act (S.887) on April 23, 2009. This legislation would change current immigration laws to limit the number of special occupation and intra-company transfer workers permitted to receive United States visas. It would also increase the oversight of H-1B and L-1 visa holders to reduce fraud and abuses in the system. This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Should this or related legislation come before me for a vote, I will keep your views in mind.
Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.
Sincerely,
United States Senator
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hopefulgc
09-15 04:03 PM
good idea.. see you at 9:30 on wednesday
more...
nviren
02-24 01:51 PM
Hi,
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
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copsmart
02-15 01:07 PM
Come on, Man�
Why are you so worried before even knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
Why are you so worried before even knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
more...
RNGC
02-11 01:36 PM
Pappu,
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
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santa123
09-10 08:12 AM
My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
more...
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tempy
09-23 02:12 PM
Here is the short version of how it unfolded. I've seen some quick responses from USCIS.
9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
9/16/2010 - Spouse received card
9/21/2010 - Got email (LUD) that my card returned undelivered.
9/22/2010 - Called customer service updated the address
9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number
I was pleasantly surprised with the fastness of USCIS.
Thanks,
Yes we got the card after a month.
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
9/16/2010 - Spouse received card
9/21/2010 - Got email (LUD) that my card returned undelivered.
9/22/2010 - Called customer service updated the address
9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number
I was pleasantly surprised with the fastness of USCIS.
Thanks,
Yes we got the card after a month.
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
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ArkBird
12-04 02:33 PM
Unlikely considering how economy is doing.
more...
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PresidentO
02-07 12:37 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
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Ann Ruben
04-20 05:44 PM
Yes to both questions. You should also submit the fee rec't for the cos.
more...
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nixstor
09-27 02:27 PM
That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.
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HOPE_GC_SOON
07-19 04:35 PM
Thanks Meridiani.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
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makemygc
07-18 09:07 AM
My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!
What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.
What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.
virtual55
05-08 04:35 PM
guys please contribute to IV and make it easy for core team.
Help yourself.
Help yourself.
coopheal
04-23 08:17 AM
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
Gave notice for job change - you mean to your current consulting employer right??
If thats the case
1) work with your lawyer on AC21 filing. make sure he has done it before and he know what he would be doing.
2) Its good that you have already talked to your new employer about the GC letter.
3) More than likely your RFE would be related to medical. Thats what the trend is these days. If thats indeed the case get your medical exam stuff.
4) Along with your medical RFE keep the AC21 papers as well.
Check this thread out... http://immigrationvoice.org/forum/showthread.php?t=24601
Its what I did when RFE came.
Hopefully this would be it. Good luck.
PS - This is just a suggestion. Read more and do what you think will be best for you.
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
Gave notice for job change - you mean to your current consulting employer right??
If thats the case
1) work with your lawyer on AC21 filing. make sure he has done it before and he know what he would be doing.
2) Its good that you have already talked to your new employer about the GC letter.
3) More than likely your RFE would be related to medical. Thats what the trend is these days. If thats indeed the case get your medical exam stuff.
4) Along with your medical RFE keep the AC21 papers as well.
Check this thread out... http://immigrationvoice.org/forum/showthread.php?t=24601
Its what I did when RFE came.
Hopefully this would be it. Good luck.
PS - This is just a suggestion. Read more and do what you think will be best for you.
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