Saralayar
03-18 02:01 PM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
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vkannan
08-14 07:26 PM
i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
so anyways...I dont care a **** but this is imperialist
After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....
so anyways...I dont care a **** but this is imperialist
After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....
GC08
11-04 10:43 AM
This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.
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frostrated
09-05 06:11 AM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
more...
desi3933
08-18 09:12 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
rocky17105
07-28 10:32 AM
Is there a way I can have my 485 reopened sooner than waiting for AAO decision which is 25 months right now for denied 140 for EB2?
more...
pom
10-05 02:03 PM
Right on, grey, black and orange/red is just the perfect color scheme... And thanks for allowing me to steal anything I want from you. I wished people did that for me more often...
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gsee
07-01 03:33 PM
I think there is another option too. If she can get in touch with a hospital here, she can come directly for fellowship after which she will have to practice within the same hospital. Some specialties like Radiology and Pathology give you unrestricted license to practice anywhere in US after putting up with the fellowship for certain number of years (5 years in case of radiology). Please check this fellowship option with others who might be more knowledgeable.
more...
sabudanawada
03-07 12:32 PM
bump
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satish_hello
09-11 02:08 PM
My case is transfered to from NSC to CSC on 09/07, California Service center.
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
more...
Joey Foley
November 21st, 2005, 06:54 PM
The shots can be sharpened much better which would make all of them even more appealing.
I was afraid to sharpen them too much. I thought that would too make much noise.
Which one you like best Steve?
I was afraid to sharpen them too much. I thought that would too make much noise.
Which one you like best Steve?
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amitjoey
12-12 03:41 PM
Hi all,
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
more...
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buehler
07-18 02:02 PM
With the elimination of labor substitution, I am sure USCIS will investigate all existing labor substitution applications too. So if I were you I would not move to the new company before I-140 is approved.
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maristella61
04-20 12:42 PM
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
I did and he says we will submit a copy of the Visa and just hope they do not request the approval letter.
I was just wondering how important an approval letter was if you have the visa stamped on the passport. That should be proof enough of legal status.
I did and he says we will submit a copy of the Visa and just hope they do not request the approval letter.
I was just wondering how important an approval letter was if you have the visa stamped on the passport. That should be proof enough of legal status.
more...
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kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
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fromnaija
07-10 02:12 PM
I chanced upon this c-span program on Saturday and called in to ask Rep Ed Royce about legal migrants. Listen to my question in the last two minutes of the broadcast.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
more...
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dealsnet
10-25 08:05 AM
I found this in WWW.immigration.com
"Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”
When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."
"Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”
When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."
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Cheran
04-13 03:16 PM
I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.
The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers’ act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.
The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers’ act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.
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detroit2009
07-09 05:04 PM
Hi,
Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).
Any answers would be highly appreciated.
Thank you.
Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).
Any answers would be highly appreciated.
Thank you.
PD_Dec2002
08-23 02:56 PM
I guess 485 getting current does not help much without getting i-140 approved.
It certainly helps some so their spouses can work on an EAD. And it definitely helps everyone if one needs to invoke AC21. But yes, a I-485 is not going to get approved if I-140 is pending.
Thanks,
Jayant
It certainly helps some so their spouses can work on an EAD. And it definitely helps everyone if one needs to invoke AC21. But yes, a I-485 is not going to get approved if I-140 is pending.
Thanks,
Jayant
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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