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amitjoey
10-29 05:22 PM
Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
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a_yaja
07-27 01:20 PM
From their tone, I can tell the were trying hard to be helpful.
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
And how are you sure that the second application will be correct and not have any errors that the first one had? :D
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
And how are you sure that the second application will be correct and not have any errors that the first one had? :D
buddyinus
08-01 12:53 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
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wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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javadeveloper
02-12 05:37 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
nolud
02-11 10:02 PM
Thanks Lazy
If these these letters aren't that credible, then it's also possible that the application may still be stuck in namecheck.
It's so sad to see how they really operate and they have to stoop to such low standards of ethics.
If I had a job where I needed to blow smoke to cover up for my de�fi�cien�cies, I'd be pounding the pavement the next day.
If these these letters aren't that credible, then it's also possible that the application may still be stuck in namecheck.
It's so sad to see how they really operate and they have to stoop to such low standards of ethics.
If I had a job where I needed to blow smoke to cover up for my de�fi�cien�cies, I'd be pounding the pavement the next day.
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alterego
12-06 11:10 PM
I am not sure why so many people so naively jump to the defence of India without looking at the context in which things are said.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.
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lordoftherings
07-16 11:38 PM
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
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hopefullegalimmigrant
07-25 03:29 PM
What not in hand may be (or always be) in head. What in head certainly may not be in hand
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
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saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
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PD_Dec2002
06-19 02:24 PM
Yeah, how would I get the letter if he is not willing to.
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
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Macaca
09-01 10:02 PM
Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
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swissgear
10-29 01:36 PM
I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
AFAIK, close to 1 million applications were filed during this period if you include 485s , EADs and APs and all by all the folks.
All was fine until this time and then came 2008 where some people who were still on H1 applied for EADs and APs as USCIS started to give EADs for 2 years.
Then in 2008 there was a new rule put in place stating that there need to be an Employer-Employee relationship for the people working on H1, this has created some kind of panic among employees and employers and people started to invoke EADs left and right thinking it was not safe to continue to be on H1.
And since then as the economy started to take toll, people were laid off and employers were not willing to transfer H1s as they were too many queries on H1 extensions and transfers. Everyone thought that it was never to be safe to be on H1 and started to invoke EADs either to change for better jobs and people looking for jobs also invoked EADs as it was easier to move..
Then came Oct 2009 and we saw that not many Labors are getting filed by EB2 ROW applicants and very few employers were filing Labors as the Unemployment was in 2 digits % wise and were not able to convince DOS on non availability of citizen/PRs workers to do same or similar jobs.
Also most of the Labors were audited and it took close to a year to clear all that backlog before people were eventually approved in EB2-ROW applicants, until we saw July visa bulletin which raised our hopes.Based on the spill over they were supposed to approve close more than 40k EB2 I/C applications in the last 3 months of the year.
But there was a twist in their understanding. As most of the people who got EADs in 2008 were ripe for renewals(this includes EB-2 ROW/I/C, EB-3 ROW/I/C).And hence applied in mass for their renewals. This caused a huge delay in approving the EAD renewals and you have already heard sad stories about it..
Out of all this, All I can say is that USCIS was working harder than ever during the past 3-4 months to approve so many cases and hence I assume there is a genuine workload to clear all those cases.
Based on the approval trends, I think they have already allocated visas to the applicants who were current and started to approve as soon as the case has been looked into unlike what they used to follow of requesting visas after final verification.
Remember USCIS cannot give an excuse of not utilizing all the visas for the current year and blame on FBI name checks and all , as they had 3 sweet years to adjudicate the applications. And I guess they were under tremendous pressure to approve the cases by Sept 2010 month end.
Just my Honest Opinion.
AFAIK, close to 1 million applications were filed during this period if you include 485s , EADs and APs and all by all the folks.
All was fine until this time and then came 2008 where some people who were still on H1 applied for EADs and APs as USCIS started to give EADs for 2 years.
Then in 2008 there was a new rule put in place stating that there need to be an Employer-Employee relationship for the people working on H1, this has created some kind of panic among employees and employers and people started to invoke EADs left and right thinking it was not safe to continue to be on H1.
And since then as the economy started to take toll, people were laid off and employers were not willing to transfer H1s as they were too many queries on H1 extensions and transfers. Everyone thought that it was never to be safe to be on H1 and started to invoke EADs either to change for better jobs and people looking for jobs also invoked EADs as it was easier to move..
Then came Oct 2009 and we saw that not many Labors are getting filed by EB2 ROW applicants and very few employers were filing Labors as the Unemployment was in 2 digits % wise and were not able to convince DOS on non availability of citizen/PRs workers to do same or similar jobs.
Also most of the Labors were audited and it took close to a year to clear all that backlog before people were eventually approved in EB2-ROW applicants, until we saw July visa bulletin which raised our hopes.Based on the spill over they were supposed to approve close more than 40k EB2 I/C applications in the last 3 months of the year.
But there was a twist in their understanding. As most of the people who got EADs in 2008 were ripe for renewals(this includes EB-2 ROW/I/C, EB-3 ROW/I/C).And hence applied in mass for their renewals. This caused a huge delay in approving the EAD renewals and you have already heard sad stories about it..
Out of all this, All I can say is that USCIS was working harder than ever during the past 3-4 months to approve so many cases and hence I assume there is a genuine workload to clear all those cases.
Based on the approval trends, I think they have already allocated visas to the applicants who were current and started to approve as soon as the case has been looked into unlike what they used to follow of requesting visas after final verification.
Remember USCIS cannot give an excuse of not utilizing all the visas for the current year and blame on FBI name checks and all , as they had 3 sweet years to adjudicate the applications. And I guess they were under tremendous pressure to approve the cases by Sept 2010 month end.
Just my Honest Opinion.
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kevinkris
05-08 02:44 PM
can't wait to see responses from GC holders..
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Libra
07-10 09:30 AM
I saw this many times, he call some indian guy for interview on h1b's and out sourcing then he ask questions and then he olny answer to those questions and he never give that person a chance to explain, and he says thank you for being here we got something more imp need to cover that is Paris Hilton got out of jail partying again............b****d
I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
He fuels the rumors against our cause. See his video below :-
http://youtube.com/watch?v=Fx--jNQYNgA
Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.
I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
He fuels the rumors against our cause. See his video below :-
http://youtube.com/watch?v=Fx--jNQYNgA
Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.
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Sheila Danzig
08-18 02:40 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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vhd999
12-20 04:43 PM
I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.
For a second, I thought you were joking. When will we start owning our problems.
For a second, I thought you were joking. When will we start owning our problems.
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lotsofspace
01-04 09:45 AM
I wish....;)
Don't wish it loud......it might just come true :)
Don't wish it loud......it might just come true :)
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dingudi
11-10 12:45 PM
So there seem to be lot more people from July filer category than I thought who have not received FP notice.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
LC2002
09-21 04:20 PM
That I heard too!! GCs were distributed at Monument but I was late as I could only join at Captol Hill :p so got only FP notice.
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
rdehar
07-17 10:33 AM
Clear IE/Firefox temp cache to view refreshed page. I had to do it (pressing F5 20 times did not make a difference). The dates are now updated to July 16, 2007.
