legalrights
08-19 12:27 AM
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
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HawaldarNaik
09-23 07:06 PM
I got a Feather Touch LUD i.e. where u did not get any updates to your case for a long long time (> 360 days)
Nagireddi
11-27 10:48 PM
Same with my case any guesses are welcome.
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ganesha
09-04 02:23 PM
As I understand, we would receive emails in this order: approval email, cpo email and then a welcome email
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
more...
chint001
11-25 11:54 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
gcwait2007
07-07 01:25 PM
My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
more...
pointlesswait
07-17 07:14 PM
almost 120 days...
All PERMS are being processed at Atlanta! hence the pile up!
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
All PERMS are being processed at Atlanta! hence the pile up!
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
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gondalguru
07-06 12:01 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
more...
santa123
07-01 11:48 PM
Hello IVans,
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
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Legal_In_A_Limbo
01-15 10:11 AM
Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.
My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.
So what you suggest what should be my bext step.
My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.
So what you suggest what should be my bext step.
more...
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willwin
06-30 02:03 PM
Pappu,
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
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drona
07-09 08:43 PM
Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.
more...
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mmk123
07-29 12:18 PM
Humor is the best way we can take a break from this entire immigration stuff, rules, recession.
********************
A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.
Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.
Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.
Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?
Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.
Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?
Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.
Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!
Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
(Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
Corn and Jerry, yes papa,
G1 visa, no papa,
raising the bar, no papa,
let's fool people, ha ha ha..
Journalists A and B: Gotcha! Thanks for now!
Prof: Nice meeting you, what's your name?
Journalist A: Mr. We-wake from BusinessYear!
Journalist B: Ms. Herbs from BusinessMonth!
********************
********************
A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.
Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.
Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.
Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?
Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.
Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?
Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.
Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!
Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
(Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
Corn and Jerry, yes papa,
G1 visa, no papa,
raising the bar, no papa,
let's fool people, ha ha ha..
Journalists A and B: Gotcha! Thanks for now!
Prof: Nice meeting you, what's your name?
Journalist A: Mr. We-wake from BusinessYear!
Journalist B: Ms. Herbs from BusinessMonth!
********************
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lazycis
09-25 03:07 PM
Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.
more...
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amitjoey
06-18 02:15 PM
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
There are no advantages to filing with the new fee structure, More fees thats all. Earlier the better, but it is not a lottery, so it does not matter as long as your application reaches/files before the 30th of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
There are no advantages to filing with the new fee structure, More fees thats all. Earlier the better, but it is not a lottery, so it does not matter as long as your application reaches/files before the 30th of July.
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skd
07-11 12:16 AM
lets not over do it. There is a thin line between it being tolerated and backfiring
Yeh over doing it can back fire.I don't thing we should this for more than 12th July
Yeh over doing it can back fire.I don't thing we should this for more than 12th July
more...
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GCD
08-04 08:13 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
You are totally fine. According to the I-485 standard operating procedure, page 10, the following are the instructions for the mailroom person :
"Verify the G-28 for original signature of attorney and applicant. If
only one copy has been submitted and you have concurrently filed
applications, photocopy the G-28 for each application and initial
the copies with your employee number. Annotate the processing
worksheet".
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
You are totally fine. According to the I-485 standard operating procedure, page 10, the following are the instructions for the mailroom person :
"Verify the G-28 for original signature of attorney and applicant. If
only one copy has been submitted and you have concurrently filed
applications, photocopy the G-28 for each application and initial
the copies with your employee number. Annotate the processing
worksheet".
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cinqsit
02-02 08:56 PM
My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
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chi_shark
06-24 05:56 AM
Yes I am still waiting. No luds other than the ones for supporting documents.
Same here.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
Same here.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
GCBy3000
07-06 12:00 PM
asked both the two questions posed by fellow members.
suny_saini
07-22 06:14 AM
hello friends
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
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