funnyman
07-04 09:16 PM
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
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Suva
07-20 01:51 PM
I agree too.
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
sam_hoosier
11-27 04:30 PM
My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?
Pls help.
Thanks.
Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.
Pls help.
Thanks.
Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.
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cjain
07-23 04:38 PM
well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.
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wandmaker
12-09 12:53 PM
We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.
hsingh82
06-07 03:10 PM
Just want to share my experience at the airport with visa valid till Oct'09 and I-797 valid till May'11 from different employer. Officer looked at my visa and asked me when are you planning to get visa stamped based on new I-797 and I replied that when I go out of country next time. He granted me I-94 valid based on I-797 date. Very smooth.
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san3297
09-04 04:39 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.
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thomachan72
10-04 02:42 PM
I was also at 10 and few weeks back went and changed to 12. As Tony pointed out I have been wondering about the liquidity issue if at all we were to withdraw early. They take off 30% (20 tax + 10% early termination fee). I do have a bit of company match but will not be enough to cover the 30% loss. I am thinking of cutting back to 5%.
The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.
The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.
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sukhyani
09-04 12:05 PM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
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seekerofpeace
09-09 10:16 AM
Gimmegreen,
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
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WaitingForMyGC
02-28 03:45 PM
Guys, I have recurring contribution setup thru my bank account but since last 2-3 months my payments are being returned from IV. Any idea, what could be the issue?
I am sending my contributions to below address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Let me know.
I am sending my contributions to below address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Let me know.
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MYGCBY2010
07-27 02:37 PM
>>>>><<<<<<
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bobzibub
05-15 12:50 PM
1) Backlog breeds backlogs.
- Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.
2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.
3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.
4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.
5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?
6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.
7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.
- Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.
2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.
3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.
4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.
5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?
6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.
7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.
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indyanguy
01-14 11:07 AM
This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
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austingc
12-24 10:32 PM
H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
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asiehouston
09-08 10:58 AM
Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)
What a pain....
What a pain....
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immi_enthu
09-28 06:01 PM
i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)
when did your application reach USCIS. yes the online date is Notice Date.
when did your application reach USCIS. yes the online date is Notice Date.
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addsf345
11-13 03:12 PM
Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
do a Ph.D. to qualify for EB-1; ask your employer to look in to EB-5 category if he is willing to invest some amount for you;marry a spouse not born in india, china, mexico, philipines or marry a spouse born in US. I don't know any other way.:D:D
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
do a Ph.D. to qualify for EB-1; ask your employer to look in to EB-5 category if he is willing to invest some amount for you;marry a spouse not born in india, china, mexico, philipines or marry a spouse born in US. I don't know any other way.:D:D
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tabletpc
10-17 02:14 PM
Surabhi,
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
matreen
12-18 11:22 PM
Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
chaukas
08-28 11:39 AM
I hope this helps.
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