RajForGC
06-10 09:25 PM
We filed EB2 (Rest of the World) 140/485 on May 18th and 140 already got approved on May 24, 485 is still pending. I also have Eb3 Labor and 140 approved (Dec 2005) and we transfer Priority Date of old EB3 case Sep 2005 of EB3 to EB2. So my question is if this Bill becomes a law then what will happen to my case?
freakin_gc
12-23 06:22 PM
Diptam :This morning my on-line case status has changed to Request for Additional Evidence Sent
My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
sc3
09-14 11:17 AM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
lonedesi
08-11 04:54 PM
Is it Rumors or True?
If it is true then really its very good news and we can see 140 approvals soon.
Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.
If it is true then really its very good news and we can see 140 approvals soon.
Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.
more...
samnay
07-18 01:11 PM
Contributed another $100. I am not very active member on this board but I do follow it regularly and I have made contributions in the past.
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
more...
dval_dpal
12-11 08:03 PM
i have seen so many people got approved from wells fargo on 485 pending stage???
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
vpadman
01-14 10:49 AM
How can we find out the current processing date for AP ?
more...
pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
gnrajagopal
01-10 02:07 PM
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
Interesting comment.....
I think as much punya is done in this country as there is a quest of bhoga
Interesting comment.....
I think as much punya is done in this country as there is a quest of bhoga
more...
GCwaitforever
05-01 02:21 PM
We pay tons of fees to USCIS and wait for more than six years for GC and yet some shitty senator who does not know anything about immigration comes and rattles on stage.
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
ind_game
05-20 06:37 PM
Did any of you get the same letter with the same content below .........what baffles me is the last sentence that says "The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover."
Your help is really appreciated in this.........Sorry I am little bit pessimistic here......
I think I have answered my own question...........Here are the links for similar responses from USCIS
http://immigrationvoice.org/forum/showthread.php?t=25761&highlight=103.5&page=2
http://immigrationvoice.org/forum/showthread.php?t=21474&highlight=103.5&page=9
http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=103.5&page=3
Your help is really appreciated in this.........Sorry I am little bit pessimistic here......
I think I have answered my own question...........Here are the links for similar responses from USCIS
http://immigrationvoice.org/forum/showthread.php?t=25761&highlight=103.5&page=2
http://immigrationvoice.org/forum/showthread.php?t=21474&highlight=103.5&page=9
http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=103.5&page=3
more...
Milind123
09-13 10:58 PM
For all those people who are gun shy, let me assure you, it does not harm anybody. On the contrary it is helpful to all of us. Please consider pulling the trigger. The fund drive that is happening today is not the last drive; as long as we are active, their will always be fund drives. Maybe you are thinking of contributing after seeing the effects/results of Sept 18th. In that case, I urge you to contribute now to get the maximum bang for your buck. Think about the Macy�s firework in New York. It will be rather boring to see them light one fire work each night during the month of July, just because funds did not arrive in time or were slow to arrive. Sept 18th is our 4th of July. Please make your contributions esp. if this is your first time. Contribute so IV can pay for all the items in their list and make this firework really bright.
.jpg "Anushka Wallpapers")
GCwaitforever
01-23 03:52 PM
After a looo...ong wait, finally my labor petition is certified according to the web site.
PD: May 2002
EB2, Non-RIR
Remanded as TR from RIR in 2003
Made it to Regional in 2004
Ended up in BEC in Feb 2005
Certified as of today !!!
PD: May 2002
EB2, Non-RIR
Remanded as TR from RIR in 2003
Made it to Regional in 2004
Ended up in BEC in Feb 2005
Certified as of today !!!
more...
ronhira
07-06 01:44 AM
It is a 3 hour lunch. :rolleyes: :rolleyes: :rolleyes: :rolleyes:
I am all game for this one, sign me up :D I am a leader, I want change - yes I can ;)
I am all game for this one, sign me up :D I am a leader, I want change - yes I can ;)
tinamatthew
07-20 12:37 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
more...
ychousa
07-18 06:47 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
vdlrao
06-10 12:48 PM
It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
ggyro
07-20 06:07 PM
There is another thread on this same topic that presents a discussion on how the ammendment was not rejected per se, but it was more like including the ammendment that was rejected.
From the daily dairy (thomas.loc.gov):
"By 55 yeas to 40 nays..Senate rejected the motion .. with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell."
From the daily dairy (thomas.loc.gov):
"By 55 yeas to 40 nays..Senate rejected the motion .. with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell."
Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
greenlight
06-10 05:57 PM
Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
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