nikh
11-30 03:58 PM
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.
My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.
You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.
My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.
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SertTurk
07-18 02:20 PM
Thanks for the reply.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
indyanguy
05-08 04:15 PM
I am not sure if it's worth the hassel of trying to interfile. Since EB1 is current most of the times, it may not be worth trying to recapture the EB2 PD.
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vamsi_poondla
03-15 11:02 AM
What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,
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yagw
03-30 12:25 PM
According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
(btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
(btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)
jambapamba
08-03 07:34 PM
Hi experts,
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Now I see why you keep asking the same question...you started the thread.
Ok, here you go...
1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Now I see why you keep asking the same question...you started the thread.
Ok, here you go...
1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).
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smartboy75
06-27 04:37 PM
Just a thought....even if it is 1 year whats the difference...anyways since you have paid the new fees you don't have to pay it again next year for renewal....correct me if I am wrong ??
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reno_john
06-07 04:00 PM
With all this amendments going on with the Immigration bill and election round the corner I wish the immigration bill does not pass through since I don't wanna see a compromise kinda of bill, which may or may not screw us.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
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Suva
11-12 04:17 PM
Don't give any suggestion on which you don't have any clear knowledge.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
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coopheal
12-09 07:31 AM
Bump
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bijualex29
03-24 12:32 PM
Please read 140,000+290,000 as 290,000+480,000
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nogc_noproblem
06-27 01:47 PM
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
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ita
11-12 09:42 AM
My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.
What is the # u called to talk to CSR?
What is the # u called to talk to CSR?
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ujjvalkoul
07-19 12:23 PM
read up about EAD and AC-21 RUle - Google it.
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ita
11-12 09:40 AM
Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
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realizeit
08-01 04:01 PM
This movement by Menendez definitely will increse the likelihood of the passage of our bill.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
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ryan
05-27 03:22 AM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
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ras
08-02 08:57 AM
I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.
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abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
kalyan
02-13 08:05 AM
Brothers and sisters,
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
sheela
08-06 06:49 PM
I have LUD on 140 for 7-13, on 485 application for 08-04
08/04 LUD on your I485 should be for approval. What does the message read?
08/04 LUD on your I485 should be for approval. What does the message read?