luckylavs
06-22 04:04 PM
Guys
My EAD renewal application was once rejected saying 485 copy missing. I paper filed one more time . This time check is en cashed and also I received my receipt. But have not got the EAD card yet. My current EAD last date is 7/22/10. I am working on EAD . So what should i do to expedite my case.
Please advise.
Thanks a lot
My EAD renewal application was once rejected saying 485 copy missing. I paper filed one more time . This time check is en cashed and also I received my receipt. But have not got the EAD card yet. My current EAD last date is 7/22/10. I am working on EAD . So what should i do to expedite my case.
Please advise.
Thanks a lot
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pd_recapturing
10-19 02:02 PM
Gene77, Thx for sharing this info. Now I remeber that I have previosly seen this info in one of the IV posts. In any case, I will have it run through my attorney and see, what they say. I will keep you updated.
Leo07
02-25 10:54 AM
I appreciate both you guys for keeping this discussion so clean and issue based. I was little worried on my first post that someone might spin it personal. Kudos to your mature responses.
Yes, I honestly think that quantity matters in meeting politicians. What is so clear to us may not be clear to them. Not because they are lesser mortals than us, they have a different perspective. Why and How is entirely not up to me to worry about. Someone has a different view and I can only respect that view. I cannot, and do not, think that I must invest my time in brainwashing anyone. I wouldn't call it a crab mentality either without knowing them personally.
With that said, let me be a devils-advocate, if you will, and ask these questions:
Given ours is a issue-based, goal-based struggle, with Goal & Issue being same for ALL EB immigrants:
--- Why should I expect all immigrants to wear any organization's badge, be dedicated to any particular/one organization, whether that Org is IV/Democrats/Republicans/Congress/BJP
--- Shouldn't I be just worried about who can SHOUT louder about my issue and less worried about the Organization that's making them SHOUT?
-----
Thanks for the discussion again.
I agree, we are an organization and at this point we haven't even asked people to compulsorily donate for Advocacy. I would say, not registering on IV is being extremely narrow-minded and being a crab (benefiting IV?).
Thousands of IV members have created an account on that site, so what is the problem?
Yes, I honestly think that quantity matters in meeting politicians. What is so clear to us may not be clear to them. Not because they are lesser mortals than us, they have a different perspective. Why and How is entirely not up to me to worry about. Someone has a different view and I can only respect that view. I cannot, and do not, think that I must invest my time in brainwashing anyone. I wouldn't call it a crab mentality either without knowing them personally.
With that said, let me be a devils-advocate, if you will, and ask these questions:
Given ours is a issue-based, goal-based struggle, with Goal & Issue being same for ALL EB immigrants:
--- Why should I expect all immigrants to wear any organization's badge, be dedicated to any particular/one organization, whether that Org is IV/Democrats/Republicans/Congress/BJP
--- Shouldn't I be just worried about who can SHOUT louder about my issue and less worried about the Organization that's making them SHOUT?
-----
Thanks for the discussion again.
I agree, we are an organization and at this point we haven't even asked people to compulsorily donate for Advocacy. I would say, not registering on IV is being extremely narrow-minded and being a crab (benefiting IV?).
Thousands of IV members have created an account on that site, so what is the problem?
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ZeroComplexity
07-14 09:01 PM
Shouldn't the processing move quickly because of non-availability of visa numbers, the apps are reciepted anyway. Are they pre-adjucating I-485 applications?
more...
a_paradkar
05-12 04:49 PM
if their is any spill over then
the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.
the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.
cdeneo
11-19 06:37 PM
Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
more...
Soul
01-03 08:34 AM
Yay! :beam: Thanks everybody for your votes! :P
Sorry Lost, I liked yours =)
Anyway, whos gonna start the next pixel battle? With more people this time so maybe a longer deadline. Can I start it? I got a good challenging theme ;)
- Soul :goatee:
Sorry Lost, I liked yours =)
Anyway, whos gonna start the next pixel battle? With more people this time so maybe a longer deadline. Can I start it? I got a good challenging theme ;)
- Soul :goatee:
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unitednations
04-23 04:47 PM
Can H1 be extended on basis that I-485 filled and pending for more then 1 year?
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
more...
EdGMan
05-24 01:45 PM
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Macaca
01-24 08:58 PM
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
more...
vicks_don
05-24 12:29 PM
sent fax
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HV000
02-29 08:23 PM
You have not mentioned whether your I-140 is still pending.
If your I-140 was approved already, then you can use AC21 portability.
If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
The above memo is relevant to I-140 pending situation.
My I-140 is approved.
If your I-140 was approved already, then you can use AC21 portability.
If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
The above memo is relevant to I-140 pending situation.
My I-140 is approved.
more...
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omahaguy
04-05 10:07 PM
I agree with you. I was bit tense to see RFE email since it is my first RFE. I will try to avoid giving urgent words.
Thanks anyway for your reply.
Thanks anyway for your reply.
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belmontboy
12-02 06:39 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Did he also mention that to qualify for EB1 you have to be from Mars? :D
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Did he also mention that to qualify for EB1 you have to be from Mars? :D
more...
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bugsbunny
04-10 09:37 PM
Do you have a question for IV?
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
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desi485
11-07 02:36 PM
Is there any advantage choosing a local lawyer? Can some body please suggest attorney in Chicago area.
Some ppl prefer to have local attorney in case they want the attorney to accompany them if & when CIS calls for personal interview.
Some ppl prefer to have local attorney in case they want the attorney to accompany them if & when CIS calls for personal interview.
more...
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vbkris77
08-20 03:13 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
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georchen
09-14 06:52 AM
When did you file?
Sorry to answer you question late.
I am the July 2nd filer as well. It took me quite some time to figure out the case numbers on back of the checks. All start with "WAC" means California Servcie Center. After I entered my cases number each of each (total 6 of them, 3 for my wife and 3 for me). On Sept 13. there was LUD on all of cases. but only the contents differences were appeared on two 485 cases. It said that "we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case.".
That is what I got so far. May God with us all!!!
Sorry to answer you question late.
I am the July 2nd filer as well. It took me quite some time to figure out the case numbers on back of the checks. All start with "WAC" means California Servcie Center. After I entered my cases number each of each (total 6 of them, 3 for my wife and 3 for me). On Sept 13. there was LUD on all of cases. but only the contents differences were appeared on two 485 cases. It said that "we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case.".
That is what I got so far. May God with us all!!!
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immi_twinges
07-20 09:51 AM
Its not over yett.
Lets get some media attention on how the GCs are wasted and how we suffer for years.
Let the public know how much injustice the people from backlogged countries are facing..
We don't contribute less. We work no less than others ..but yet we are discriminated.
I wonder why they don't have 7% cap on H1B . And all this stupid media says people from ...... are stealing jobs and ....... overstay:mad:
Lets get some media attention on how the GCs are wasted and how we suffer for years.
Let the public know how much injustice the people from backlogged countries are facing..
We don't contribute less. We work no less than others ..but yet we are discriminated.
I wonder why they don't have 7% cap on H1B . And all this stupid media says people from ...... are stealing jobs and ....... overstay:mad:
slns
04-11 10:43 PM
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
CT_Green
01-23 07:23 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This requires a change in the constitution and I do not think it will ever pass.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This requires a change in the constitution and I do not think it will ever pass.
