andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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eb3retro
10-19 04:40 PM
onemore came, check your PM..
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
veni001
06-07 12:41 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
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greenguru
06-10 02:04 AM
Good story... let's see what happens..
what does NOT surprises me is EB3 will still be in Nov 2001..
what does NOT surprises me is EB3 will still be in Nov 2001..
more...
nrk
10-29 09:46 AM
Hi,
I followed up two more cases with the same status as mine,
All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.
Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.
I followed up two more cases with the same status as mine,
All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.
Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.
shana04
02-12 05:14 PM
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
It does not make any sense to send a new offer letter with AC21 unless you know the right job title or job description.
you would have a safe bet once you know your job title and send a new offer letter with your current employer and AC21 letter.
I can help you if you need AC21 letter.
good luck
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
It does not make any sense to send a new offer letter with AC21 unless you know the right job title or job description.
you would have a safe bet once you know your job title and send a new offer letter with your current employer and AC21 letter.
I can help you if you need AC21 letter.
good luck
more...
Dandruff
07-29 12:02 PM
EAD Renewal / EB2-I
E-filed : 06/15/08
FP : 07/11/08
Card Production Email : 07/28/08
43 days.
will update when card is recvd re: duration
E-filed : 06/15/08
FP : 07/11/08
Card Production Email : 07/28/08
43 days.
will update when card is recvd re: duration
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yabadaba
12-13 03:22 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
more...
jasguild
07-17 12:11 PM
If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.
I am not sure either way but one thing to keep in mind. The FBI estimate is based on 10% of ALL petitions including family petitions. If you would isolate just the EB petitions, the percentage that the FBI flags is much less than 10%
But again I am just repeating what I read. So you could be right.
jasquil
I am not sure either way but one thing to keep in mind. The FBI estimate is based on 10% of ALL petitions including family petitions. If you would isolate just the EB petitions, the percentage that the FBI flags is much less than 10%
But again I am just repeating what I read. So you could be right.
jasquil
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sparky_jones
02-20 11:41 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
more...
SK2007
10-12 10:46 AM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.
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Makaveli
02-03 11:37 PM
guig0 i voted for you!!! just cuz eilsoe tried to screw you over by linking the WRONG SPEELing one.... ;) j/k :P :P
btw, how the HELL do you make a spelling mistake during pixel art.......lol
why aren't you posting as much anymore i love reading your hillarious remarks :love:
btw, how the HELL do you make a spelling mistake during pixel art.......lol
why aren't you posting as much anymore i love reading your hillarious remarks :love:
more...
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bluekayal
02-27 12:31 AM
I tried putting our flyers at Pacific East Mall, but they only accept "rental" ads. bummer. But that doesn't mean some one else shouldn't try!
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eb3retro
11-09 04:20 PM
guys, in my case the congressman intervention helped a lot. you can request them to get in touch with uscis even after 40 days of application (just like in my case) and once they did, i got approval email within 48 hours and AP copies in 4 days in the mail. Hope this helps.
more...
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Marphad
05-18 01:22 PM
Quotas are exactly the reason I cannot go back to India ever...I absolutely hate them....There is already classification under EB category....BTW I have a MS in EE from Auburn University....Best bet for us is lost visa recapture.....
Me too!
Me too!
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garybanz
11-03 01:28 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
______________________
Not a legal advice.
US citizen of Indian origin
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
______________________
Not a legal advice.
US citizen of Indian origin
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
more...
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indiangcseeker
04-23 12:02 PM
Wrote to White House and to local Senators.
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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dilbert_cal
04-03 04:44 PM
8 more webfaxes done for 10 and 11. ( through my colleagues )
Another 17 to go. I know I'm slow but I'll reach there. :-)
Another 17 to go. I know I'm slow but I'll reach there. :-)
glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
ronhira
07-21 08:46 PM
hey asshole, stop posting these idiotic messages using different ids..... no one is scared of this shit.... if you really don't want people to call.... stop posting this bullshit..... otherwise people will call in.... and u can't do a jack shit about it..... if u r for real and u think anyone here is scared of this shit...... u r just old school which means u need basic lessons of what's going on in this world ..... probably that's y even slumdogs can take u'r job and u r unemployed.... just image, if according to u "slumdogs" like us can take u'r job.... what does that make you.... worst than a slumdog.... maybe poop of slumdog... do u have any shame..... stop spamming now.....
no one here cares for u'r stupid call of bunch of slumdog poops ..... u'r impotent and u'll continue to be impotent.... go to hell.... with luv from a slumdog
The host would ask u to introduce yourself and ur phone
number. Ur accent and name expose yourself. They record ur info and deport u if u r on h1b. Antis know a lot of h1b get layoff lately.
Be careful, it would be a prank call.
no one here cares for u'r stupid call of bunch of slumdog poops ..... u'r impotent and u'll continue to be impotent.... go to hell.... with luv from a slumdog
The host would ask u to introduce yourself and ur phone
number. Ur accent and name expose yourself. They record ur info and deport u if u r on h1b. Antis know a lot of h1b get layoff lately.
Be careful, it would be a prank call.