gotgc?
09-16 06:13 PM
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
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peer123
04-16 05:22 PM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Dhundhun
07-16 03:53 PM
If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
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Legal
07-16 08:39 AM
I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
more...
pachai_attai
08-15 03:48 PM
Yes. I used AC21 in Sep 2005. (after 140 approval and 180 days period). I applied for 485 on 29th Dec 2004.
skynet2500
06-19 05:47 PM
The only catch could be on the MMR. MMR needs two vaccinations. The two vaccines nmeed to have a 1 month gap. So if you take one and to medical exam, they will force you take the 2'nd one right there. Ofcourse they don't care about the gap since they want to make money
more...
needhelp!
01-21 01:49 PM
I know one or two friends who had gap in between H1 transfer. So far USCIS has not been to strict about it.
If you find a minute, could you please update your profile to help other members and IV?
If you find a minute, could you please update your profile to help other members and IV?
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Green.Tech
03-26 12:06 PM
Apparently the session is in progress; started at 11:30 am EST.
more...
bhatt
12-16 02:12 PM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.
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somegchuh
10-27 11:36 AM
My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.
more...
ganguteli
07-07 11:58 AM
Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
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redelite
08-27 10:48 AM
Here's my go at it...
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687
Btw, that Sonic is awesome! :thumb2:
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687
Btw, that Sonic is awesome! :thumb2:
more...
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gmpa
04-30 03:47 PM
I-140, TSC
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
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Houstonguy
04-24 11:56 AM
Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
more...
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GC_newbee
11-06 10:07 PM
Any other ideas/suggestions friends?
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smuggymba
03-30 08:30 PM
Finally my PERM was filed today. I'm just praying everything gets approved smoothly.:D
The attorney said they are processing cases as of aug 2009. Fingers crossed.
The attorney said they are processing cases as of aug 2009. Fingers crossed.
more...
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sanam9696
07-20 07:16 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
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gc_eb2_waiter
11-16 04:08 PM
From immigration-law.com
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
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botol123
10-17 09:08 PM
The USCIS has returned the my entire package - I-140, I-485, I-131 and I-765 - to my lawyer by mistake.
The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.
Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.
The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.
Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.
ivuser9
12-02 12:01 PM
What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume
Good luck
Good luck
Hey Ram GC
04-08 10:04 AM
Hi,
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)
485 Filed in Jun'07, No LUD's since Aug'07
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)
485 Filed in Jun'07, No LUD's since Aug'07
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