pappu
03-09 11:31 AM
Congrats and thank you for your contributions. Do visit IV to continue your support and offer answers to members. We want more GC members so that in the coming future we can launch an effort on items that help in citizenship. For example, time for citizenship be counted from the date of I140 approval. There can be others if we have more GC members and we all brainstorm on ideas.
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anirudh74
05-06 12:24 PM
Expect wait time of 3-4 years.
phillyag
02-12 03:36 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
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jsb
08-21 09:38 AM
still waiting
I am not far behind you.
I am not far behind you.
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dealsnet
01-05 11:41 AM
First year or 10th year of H1B, the law is same.
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
chantu
02-28 08:40 PM
Hi,
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
more...
admin
01-29 11:50 AM
Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
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immigrant2007
09-26 12:46 AM
time to sart a campaign.....hey I am legal, I applied for GC in 2001 and govt will give it to me after it has given to all 245i, and everyone and that happens to be in 2012, so how abt guys in 2002,2003,2004?
When it was time to give GC govt wasted all our numbers now they dont want to give us.
BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?
When it was time to give GC govt wasted all our numbers now they dont want to give us.
BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?
more...
chintu25
07-30 12:39 PM
Did you have your A# with your I-140 approval??
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
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rbkrao
09-12 01:20 PM
There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?
more...
jsb
10-24 04:04 PM
Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.
My receipts starting with SRC0800xxxx are still not in the system either. It is told that it takes a few days to get them in the system.
My receipts starting with SRC0800xxxx are still not in the system either. It is told that it takes a few days to get them in the system.
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highskies26
08-15 12:07 AM
+2003 11
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
more...
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tabletpc
11-19 05:55 PM
Thanks everyone...
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
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kirupa
08-27 04:03 PM
Hey cubedflash,
This isn't exactly the Flashmove forums, but you are welcome to stay :) I'm looking into the Swift 3D V.2, and it seems like a good program. If it supports the 3D-ing of images, and better export size than Swift 3D v.1, I'll be glad to give it a shot. I bought Swift 3D v.1 when it came out a long time ago, but I hope to upgrade to V2 when it comes out. Good Luck with the release!
This isn't exactly the Flashmove forums, but you are welcome to stay :) I'm looking into the Swift 3D V.2, and it seems like a good program. If it supports the 3D-ing of images, and better export size than Swift 3D v.1, I'll be glad to give it a shot. I bought Swift 3D v.1 when it came out a long time ago, but I hope to upgrade to V2 when it comes out. Good Luck with the release!
more...
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stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
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GCHope2011
05-21 09:00 AM
What exactly does "OP" stand for?
OP is the one who is putting "Topi" on everyone else...
OP is the one who is putting "Topi" on everyone else...
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sbmallik
06-12 03:30 PM
Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.
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maverick_iv
05-02 11:24 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
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shx
05-17 08:01 PM
Can you prove that you were born in Nepal? Without proof, you won't be able to change it in your passport.
Lasantha
05-04 12:35 PM
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
In my non PP case, they took exactly 60 days as they said they would.
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
In my non PP case, they took exactly 60 days as they said they would.
raminmd
09-15 01:11 PM
I would like to think that there are lots of members who are interested in participating in campaigns like this. I participate in most of IV campaigns and have sent flowers and called all reps for 5882. This is a campaign that I would be interested in participating in. If you are going to chat about this on IV chat (which many members cannot access because of restrictions), then please post the transcript and summary here so that we can at least understand the viewpoints of the participants and the action plan.