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japs19

02-25 02:54 PM

My case was transferred to local office of Los Angeles, CA. I received a note saying on Dec 7th it was transferred to expedite the processing and they (LA office) will let me know when decision is made.
Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?

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Appu

04-08 05:56 PM

I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:

http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf

Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.

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for_gc

04-27 11:25 AM

Hi,


I am in a unique situation as far as capture of earlier PD is concerned.

My company had filed an LC for me in EB3 with PD of Oct '03.

I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

I have got my I140 approved for the same and also 3yr ext. based on that as well.

My EB3 LC is approved as well now.

My question to somehow capture the PD of my EB3 LC.

Is it possible ? Is anyone in the same boat ?

Regards.

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navyug

05-14 10:59 PM

Hi,

Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.

Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

You are faking!!!

Here are the reasons...

1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

So Stop faking!!!

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abhaykul

05-04 02:05 PM

Guys,

1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.


Abhay

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gc_lover

06-25 03:02 PM

It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

What are my options here? Does anyone has faced such a situation?

Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
You can always file new application on July 1st.

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justice4all

02-25 05:01 PM

My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.

Good Luck..

RV

Hi rameshvaid,
Are you sure, H4 qualifies for FAFSA. My wife is on H4 and she doesnt have SSN. I think if one has SSN, it doesnt matter whether they are in H1, H4, F1, EAD .. they can apply for FAFSA. Am I right?

thanks

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WillIBLucky

05-30 01:52 PM

Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.
Yes I know, but aren't we concerned about the current people who are waiting than the future people who are going to come.

I was talking about the current people who are panicking. If it does not make sense..ignore my post. :)

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jchan

05-05 09:59 AM

If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..

So how can we influence them through this 'public commenting' period? Would that make any change at all?

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vishal

04-21 03:38 PM

hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated

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Sandeep

02-16 05:32 PM

Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota

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krishgreen

05-25 11:30 PM

Thanks for sharing your experience.I have appt on Thursday May 27th. I am carrying all the documents with me including the letter from my project manager.

Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.

When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?

Chicagobuddy: I will share my experience once I attend interview on May 27th.

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trance

07-20 09:38 PM

Hey Dealsboy & Pagal,

Thanks a lot for your input. I really appreciate it.

Its a tough decision that has to be made.

Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.

Do attorneys have any thoughts on this?

Thanks,

Trance

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DareYouFireMe

01-31 03:15 PM

You can also obtain it through Freedom of Information

You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.

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pcjandyala

07-22 10:14 PM

Shana,

Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

It's simple process.

Thanks

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eyeopeners05@yahoo.com

06-02 01:36 PM

you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

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OLDMONK

07-08 08:44 PM

You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.

My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.

Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.

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amsgc

05-07 10:12 PM

I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!


from AC21 memo issued on December 27, 2005

Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

So find a new job before I-485 is approved.

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txh1b

08-18 05:11 PM

If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.


Totally wrong. If the H1b was a COS, there has been a status violation by all means!

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enggr

11-21 01:42 PM

Hello enggr,

I might have the same problem.
where you able to convert to EB3?
Please let me know.

Thanks,
SG


Sareesh,
I just filed the RFE response this week. Will take a few days to know the result. One attorney said it will take 6 months. Some said 1 month. I'm keeping my fingers crossed. Will let you know the result

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chapper

11-11 01:26 AM

Please add more data if you find.....

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