appusheth
03-19 12:21 PM
No. The check was with the new fee but dated 2005. As per law, checks dated older than 6 months are VOID.
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gcnirvana
11-14 07:44 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.
As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
Just my 2 cents...
Good Luck!
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.
As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
Just my 2 cents...
Good Luck!
Anders �stberg
June 18th, 2005, 09:44 AM
Very nice, great light! The first one is my favourite. I think I'd try sacrificing the top dark clouds for the composition, to me there is a bit too much space over the bird.
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WillIBLucky
12-13 01:38 PM
I agree with your point 1. But there are some companies who still apply H1B here. I am not sure who they are and what field they are in. But I have heard. Anyway your point about spouse is valid.
But again, do you think EB2 will move faster and become current anytime soon? I dont see that possiblity without change in system (law). And once it changes then it will be same for both EB2 and EB3. If your new job will bring in stability and growth then it would really make sense to switch even if converting from EB2 to EB3 in these times.
Prior to October 2005, I would be have been thinking like your are thinking.
I like your thoughts
I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.
b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.
my two cents
But again, do you think EB2 will move faster and become current anytime soon? I dont see that possiblity without change in system (law). And once it changes then it will be same for both EB2 and EB3. If your new job will bring in stability and growth then it would really make sense to switch even if converting from EB2 to EB3 in these times.
Prior to October 2005, I would be have been thinking like your are thinking.
I like your thoughts
I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.
b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.
my two cents
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rajenk
08-21 12:55 AM
Ok,
Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.
Thanks
Raj
Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.
Thanks
Raj
misha
07-21 01:10 PM
Are you sure about Advance Parole stamp in a passport. I know about Green Card approval stamp in a passport but not AP. Have you ever had that AP stamp experience?
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meragcdedobhai
10-27 12:39 PM
to Motivated...
It seems like sheep when we are in touble to we are running helter skelter.
It seems like sheep when we are in touble to we are running helter skelter.
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kaisersose
07-30 09:15 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.
2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.
3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.
Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.
2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.
3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.
Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.
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simple1
06-18 06:22 PM
I know that is a problem. We all are aware of EB3@U.
My question was Is there any problem specific to ROW that is not faced by non-ROW ?
I don�t want to carry this (ROW non-ROW) conversation forward.
Letus focus on, What is in CIR for legal immigration ?
Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?
Just so you know, EB3-ROW has the exact same issue at the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
My question was Is there any problem specific to ROW that is not faced by non-ROW ?
I don�t want to carry this (ROW non-ROW) conversation forward.
Letus focus on, What is in CIR for legal immigration ?
Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?
Just so you know, EB3-ROW has the exact same issue at the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
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softwareguy
09-08 12:47 PM
Well, this is nothing new, in State Governments so many times they mandate that only companies that listed in that state have right to big contracts. What small women owned, disadvantages, veteran owned companies do is provide a front to big operators like Accenture, IBM. At times then the small company hires a Senior Manager and finally it becomes all IBM operation from India or Phillipines.
On other times the State mandates all work be done inside the State. Then you have H1 and L1 visa holders. This is business as usual.
Actually it is quite a decent engagement practice. State owned companies get a piece of the big cake and get a chance to learn from big players and state gets the quality work at a fairly decent rate. So it is all win-win. At times they mandate "In State" workers only - so that it helps the local economy... that is where the Infosys & Wipros might hurt a bit, as the cost to put guys in NYC versus Ohio from Bangalore is identical but billing rate advantage between NYC and Ohio is vastly different and they might have hire locally.
On other times the State mandates all work be done inside the State. Then you have H1 and L1 visa holders. This is business as usual.
Actually it is quite a decent engagement practice. State owned companies get a piece of the big cake and get a chance to learn from big players and state gets the quality work at a fairly decent rate. So it is all win-win. At times they mandate "In State" workers only - so that it helps the local economy... that is where the Infosys & Wipros might hurt a bit, as the cost to put guys in NYC versus Ohio from Bangalore is identical but billing rate advantage between NYC and Ohio is vastly different and they might have hire locally.
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harrydr
03-29 11:06 PM
What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
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thomachan72
01-04 12:38 PM
Will take a look once I get home today:):)
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house charge of the Rolex Trophy
jonty_11
07-24 12:04 AM
BEtter go with lawyer...$400 is not much and will save u headache later on dur to name mismatches.
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kumar1
10-06 11:52 AM
I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
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indrachat_75
05-25 11:03 PM
This is simply great.
Indra
Indra
dresses a regular Ladies Rolex or
eagerr2i
11-05 01:46 PM
Thanks very much for helping with your air miles. I have complied a list of all who have pledged till now.
IV core could use the airmiles in the coming months when there would be a need to make the trip to the national capital.
IV core could use the airmiles in the coming months when there would be a need to make the trip to the national capital.
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meridiani.planum
02-20 01:00 PM
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
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H1Girl
08-16 04:37 PM
I wonder in what way this post is relevant to immigration issue etc.
It's all once's personal probelm as far as I understand...
It's all once's personal probelm as far as I understand...
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bkarnik
05-03 11:37 AM
Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
Sundar99:
In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
Sundar99:
In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.
sk26
04-13 03:46 PM
In my Query it states as 30 days...
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
vnsriv
10-26 03:36 PM
I am also one of those, who received the EAD while the online case status reads as "Case Received and Pending"
Wish that's true for my spouse's GC :)
Wish that's true for my spouse's GC :)
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