Thanks for the info, roseball!
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
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Pixel art is <i>hard</i>. :smirk:
Eilsoe and Soul are neck and neck at the moment. Gripping! :beam:
Eilsoe and Soul are neck and neck at the moment. Gripping! :beam:
Thank you everyone, Just I received my I140 approval.
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When you make a call to the call center and find out some details which they don't know, they will open a service request for you. Some one apart from the call center people will reply to that service request. You will be receiving a response in mail.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
En tout pays, il y a une lieue de mauvais chemin....Nous devons Le mieux est l'ennemi de bien.
...Please. Show off. :rolleyes:
...Please. Show off. :rolleyes:
Done
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Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
Eb3Retro,
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
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Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
All Are His Personal Problembs
Blaming Uscis For No Reason
Uscis To Badnam Hai Aur Badnam Karo
Blaming Uscis For No Reason
Uscis To Badnam Hai Aur Badnam Karo
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U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.
U must be a gulti trying to defend ur region - God bless
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
U must be a gulti trying to defend ur region - God bless
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
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I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.
this 90k is in which part of the US? A salary number without specifying geography is pretty hard to rate :)
this 90k is in which part of the US? A salary number without specifying geography is pretty hard to rate :)
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1) Try state group insurance
Texas and for that matter every state has a group insurance coverage for folks
who donot get coverage from any other insurance provider.
This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.
Check the state insurance board website.
2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.
3) Ask yours employer's insurance agent, group insurances gurantee insurance.
Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.
donot worry.
Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.
I will try to explore your option tomorrow.
Thank you very much.
I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.
Life cannot stop for these small problems.
Life has to go on and on..
Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.
I wish good luck to one and all.
Thank you very much!
Texas and for that matter every state has a group insurance coverage for folks
who donot get coverage from any other insurance provider.
This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.
Check the state insurance board website.
2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.
3) Ask yours employer's insurance agent, group insurances gurantee insurance.
Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.
donot worry.
Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.
I will try to explore your option tomorrow.
Thank you very much.
I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.
Life cannot stop for these small problems.
Life has to go on and on..
Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.
I wish good luck to one and all.
Thank you very much!
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"A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008."
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
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Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
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Yes, DREAM Act should not discriminate documented children against the undocumented ones. IV should support amending the DREAM act to include documented children too, since IV is fighting for the issues of legals, law-abiding people like us.
The irony is that my date is EB3 Non RIR World Oct 2001. I have crossed that by 10 monts now. But my labor is still not approved. Its still stuck at Dallas backlog center. Its always going to be this or that..
Regardless of what Oh's website says, I think it will happen.
It is all about politics. The Dems are trying to speed this up with bills etc., so that more GC holders can be naturalized as citizens and could vote for them (most immigrants genrally vote democratic) in Nov 2008. We (GC contenders) will simply hitch the ride.
Check NPR report on name check delays.
http://www.npr.org/templates/story/story.php?storyId=9958267
It is all about politics. The Dems are trying to speed this up with bills etc., so that more GC holders can be naturalized as citizens and could vote for them (most immigrants genrally vote democratic) in Nov 2008. We (GC contenders) will simply hitch the ride.
Check NPR report on name check delays.
http://www.npr.org/templates/story/story.php?storyId=9958267
