poreddyp
07-24 03:45 PM
EAD filed on June 30.
Received receipt on 7/2
Waiting for FP notice.
Received receipt on 7/2
Waiting for FP notice.
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stuckinmuck
05-15 11:49 AM
I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
sanjay
08-07 12:27 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
Congrats. My case is as is your's except PD is aug 2004.
I hope my case do see light soon.
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
Congrats. My case is as is your's except PD is aug 2004.
I hope my case do see light soon.
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Soul
02-05 03:06 PM
Thanks :bounce:
- Soul :goatee:
- Soul :goatee:
more...
wahwah
06-05 02:59 PM
andy garcia,
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 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 portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
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.
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 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 portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
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.
iad2ead
12-19 01:53 AM
If I try to use my AC21 then does title matter?
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
Gurus please help
Iad
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
Gurus please help
Iad
more...
mpadapa
02-12 09:39 AM
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
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nousername
11-10 01:43 PM
very well said goel.. I said the same thing to IV and I got God knows how many reds. The only time I saw a huge impact was after July fiasco but again it was not IV's alone effort, many other organizations were included.
Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.
To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..
In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.
To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..
In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
more...
qplearn
12-20 11:59 AM
If true this would REALLY benefit a lot of spouses especially someone like our core member Shilpa.
I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs
Is this a new "law"? I thought USCIS cannot pass "laws" on its own. Or this simply an intepretation of an existing legal procedure ---- which I understand USCIS is allowed to do on its own?
I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs
Is this a new "law"? I thought USCIS cannot pass "laws" on its own. Or this simply an intepretation of an existing legal procedure ---- which I understand USCIS is allowed to do on its own?
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TwinkleM
02-17 10:19 PM
Still your I 140 info does not show up. Also, my pd is of april 2006. But I -140 not approved yet, pending since june 2006. Ur new update is only giving me a good hope.
more...
aroranuj
04-20 07:26 PM
Can someone please shed some light if my attorney is heading in the right direction?
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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spindoctor
07-19 08:22 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
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stucklabor
04-02 06:37 PM
Sent both
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lonedesi
04-01 05:36 PM
Just sent Fax #11 too
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anu_t
08-22 01:58 PM
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
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485Mbe4001
06-10 01:16 PM
BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
more...
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godspeed
02-19 02:26 PM
Not if you have signed G-28 form while applying I-485, G-28 lets your Lawyer represent you in these matters, so the rfe goes to the attorney even if you had received the receipts.
@ Seratbabu,
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
@ Seratbabu,
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
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TheGreatMan
07-06 09:48 PM
BTW forget about the writing skills ..what are your options??
Nothing other than INDIA if you get kicked out.
ZIP IT ... ZIIIIP IT... ZZZ ZIIIP IT... LOL
If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:
Nothing other than INDIA if you get kicked out.
ZIP IT ... ZIIIIP IT... ZZZ ZIIIP IT... LOL
If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:
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anshulk77
08-10 11:23 AM
I believe if you get a receipt notice , that means your initial evidence is ok
That you have send the right documents, but it doesnt mean it cant be rejected in the future
Experts correct me if I am wrong
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
That you have send the right documents, but it doesnt mean it cant be rejected in the future
Experts correct me if I am wrong
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
map_boiler
11-06 12:02 PM
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
jsb
12-18 04:20 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
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