gc_chahiye
07-11 08:03 PM
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
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chaks7
12-07 11:09 AM
I had similar experience in Mexico. Most of the queries are directed at your employer if it is a consulting co. As ss1026 said, every case is different, but if you can provide the info. it should be ok, though it can test our nerves and time-taking. Hang on and be diligent with the queries and wishing you good luck.
file485
09-26 05:13 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
GCTrouble..
can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..
As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..
Anyone who knows about this ..pls comment what is the right way to do this stunt..
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
GCTrouble..
can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..
As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..
Anyone who knows about this ..pls comment what is the right way to do this stunt..
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mheggade
05-08 03:15 PM
My opinion:
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
more...
Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
manderson
04-23 10:12 AM
Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..
u will get a copy of the approval notice directly from USCIS though.
u will get a copy of the approval notice directly from USCIS though.
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windycloud
07-24 04:30 PM
Difficult times also present opportunities. Anyone who can start it, especially in EB2, can really benefit from the timing simply because there are MUCH fewer people going for it these days for different reasons. Wait till everything turns rosy again and you'll find yourself among hundreds of thousands of fellow GC pursuers. Sitting in the huge PD2011 queue while watching PD2008 - 2010 people getting fast approvals won't be fun.
The best time to start GC process is always yesterday. And if scrutiny is the concern, let's face it, there is not a good time for it. It's always worrisome until you get that card.
The best time to start GC process is always yesterday. And if scrutiny is the concern, let's face it, there is not a good time for it. It's always worrisome until you get that card.
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kirupa
01-24 10:07 PM
Hi Matt - no problem. I am currently on a computer that doesn't have Flash installed, so would it be possible for you to e-mail me your SWF file [kirupa.at.kirupa.com].
If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.
:)
If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.
:)
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gc_kaavaali
09-16 05:03 PM
It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.
Having stated the above which pretains only to those cases which are still in process.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
Having stated the above which pretains only to those cases which are still in process.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
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nayekal
02-21 01:13 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
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mdcowboy
02-25 06:28 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
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gveerab
08-21 11:06 PM
Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
more...
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ubetman
08-04 01:09 PM
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
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vin13
01-03 09:29 AM
Here is my 2 cents
You need to consider school and Green Card as separate issues.
The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.
Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.
You need to consider school and Green Card as separate issues.
The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.
Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.
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Jerrome
04-08 02:56 PM
Total EB2 Primary applicants 21,843 (http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm)
EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.
Even if it is 50% share, it would be 8500 primary applicants for india and china.
Still the PD for India did not move beyond December 2003.
I don't know man.. How many pending applications are there before 2004 for india EB2.
EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.
Even if it is 50% share, it would be 8500 primary applicants for india and china.
Still the PD for India did not move beyond December 2003.
I don't know man.. How many pending applications are there before 2004 for india EB2.
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sbabunle
12-17 09:45 PM
Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
they all cleared we may get a better picture of the Plight of EB3 & EB2.
My guess is that anybody who has a PD (India)
Jan 2003-Dec2003 9 years
Jan04-Dec04 12 years
Jan 05 > 15 years
as per present law.
This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.
One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
Good luck to all
babu
they all cleared we may get a better picture of the Plight of EB3 & EB2.
My guess is that anybody who has a PD (India)
Jan 2003-Dec2003 9 years
Jan04-Dec04 12 years
Jan 05 > 15 years
as per present law.
This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.
One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
Good luck to all
babu
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statuslaw
01-22 05:41 PM
Hello experts,
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
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check_rd
07-10 05:57 PM
I am in the same suitation my wife wants to stay home for few years, currently she is on H1B and we are planning to convert to H4 . Why does one have to wait for a new H1B since she already had a H1B can't she get H1B any time without having to wait for the quota to open ?
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newbie2020
05-30 07:43 AM
I replied on another Duplicate thread by the author;
Admins can someone remove the duplicate thread
Admins can someone remove the duplicate thread
prom2
07-22 12:00 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.
You guys are wrong.
1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.
You guys are wrong.
1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
Jerrome
07-09 11:56 AM
How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?
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