wa_Saiprasad
03-22 11:52 AM
Need suggestion how to proceed with my new approved I140.
I have two approved LC.
1. PD EB3 SEP 2003 for which my I140 was approved and I have applied 485 during July 2007.
2. PD EB3 MAR 2002 I got my I140 approval yesterday.
All for same company.
Is it possible for me use my new I140 for my 485 which I have I filled already? I have requested my company’s attorney to find options.
Thank You
I have two approved LC.
1. PD EB3 SEP 2003 for which my I140 was approved and I have applied 485 during July 2007.
2. PD EB3 MAR 2002 I got my I140 approval yesterday.
All for same company.
Is it possible for me use my new I140 for my 485 which I have I filled already? I have requested my company’s attorney to find options.
Thank You
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natrajs
08-22 10:58 AM
Let us wait , It will be soon discussed openly
nozerd
01-05 02:07 PM
So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?
2011 Happy birthday to my sweet
jb05
08-19 09:53 AM
Category:- EB2
Nationality:- India
PD:- 07/2004 (TSC)
I485:-RD-07-27-2007/ND-09/22/2007
Finger Print check and name check cleared as per infopass officer
Nationality:- India
PD:- 07/2004 (TSC)
I485:-RD-07-27-2007/ND-09/22/2007
Finger Print check and name check cleared as per infopass officer
more...
trishanku
02-13 03:46 PM
mpadapa,
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.
So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.
I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.
So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.
I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
kode
02-22 08:40 PM
posted by sheep
likely story
lol :P
besides i wouldn't agreed if you already had the castle .. :-\
likely story
lol :P
besides i wouldn't agreed if you already had the castle .. :-\
more...
spajay
08-21 01:13 AM
EB2 India
PD - Aug 2004
I485 RD - July 24th 2007
I485 ND - August 20th 2007
No LUDs. Just keeping my fingers crossed.
PD - Aug 2004
I485 RD - July 24th 2007
I485 ND - August 20th 2007
No LUDs. Just keeping my fingers crossed.
2010 stock photo : Happy birthday
ritu_raj
10-02 12:51 PM
I applied in NSC 485/EAD/AP on July 27th. The case was transfered to CSC. 485 Application was then transfered to TSC from CSC but EAD and AP are being processed in CSC.
more...
senocular
02-03 07:01 AM
Originally posted by Guig0
now i�m ashaned coz i don�t have any vote at all :(
your reflections were good too! ...I just didnt want to be associated with anything related to spam :!:
:)
now i�m ashaned coz i don�t have any vote at all :(
your reflections were good too! ...I just didnt want to be associated with anything related to spam :!:
:)
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shivapb80
06-05 11:25 AM
in fact i think this memo is very favourable.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
more...
saketkapur
06-09 06:35 PM
http://imminfo.com/Newsletter/2009-AILA/Likely_visa_bulletin_cutoff_date_movement.html
Likely Visa Bulletin cutoff date movement
Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.
We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.
At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.
If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.
Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.
Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.
Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 Worldwide: June 1, 2005
EB3 China: March 1, 2003
EB3 India: November 1, 2001
EB3 Mexico: March 1, 2003
These estimates are just that - estimates. They are, however, estimates from the Department of State.
Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Likely Visa Bulletin cutoff date movement
Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.
We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.
At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.
If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.
Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.
Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.
Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 Worldwide: June 1, 2005
EB3 China: March 1, 2003
EB3 India: November 1, 2001
EB3 Mexico: March 1, 2003
These estimates are just that - estimates. They are, however, estimates from the Department of State.
Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
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Saburi
02-12 04:56 PM
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
more...
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rameshk75
02-12 02:51 PM
Hi Shana04,
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
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chantu
07-25 01:07 PM
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
more...
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rimco99
07-10 09:03 AM
What if we used so much of our time and energy in finding jobs in India/China and moving back, instead of going after media/govt? :confused:
Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...
Agreed totally. Indian economy is booming and will last for another 5 to 10 years. Waiting for green card will make you lose out both the Indian opportunity as well as the "so called" American dream. People with decent experience are making good money and nothing better than living closer to friends and relatives.
Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...
Agreed totally. Indian economy is booming and will last for another 5 to 10 years. Waiting for green card will make you lose out both the Indian opportunity as well as the "so called" American dream. People with decent experience are making good money and nothing better than living closer to friends and relatives.
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sameer2730
11-06 12:13 PM
Does anyone know when VB will be out this month?
Sometime this month!!
Sometime this month!!
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punjabi
08-28 04:15 PM
hey guys...
I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.
YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.
Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:
"Did You help?"
What will be your reaction? Will you pump your chest out and scream "YESSSS..."?
I know, I will. How about you?
I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.
YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.
Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:
"Did You help?"
What will be your reaction? Will you pump your chest out and scream "YESSSS..."?
I know, I will. How about you?
girlfriend HAPPY BIRTHDAY CARDS TO COLOR
ashkam
03-26 02:06 PM
I don't see what's wrong with this requirement. It's always been a requirement in PA. If someone can't produce an employment letter, it's probably because he is on the bench or unemployed and that makes him out of status. If you are out of status, you are ineligible for a driver's license.
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testz
09-09 11:18 AM
sanju,
you said: at some point uscis would send a request to you for employer verification?
why would they need that: as we have submitted that at the time flinig 485?
i dont know if the above is true only for consultancies?
i work in a big software corp and never heard of any queries at all?
approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)
am i missing something here?
thx
you said: at some point uscis would send a request to you for employer verification?
why would they need that: as we have submitted that at the time flinig 485?
i dont know if the above is true only for consultancies?
i work in a big software corp and never heard of any queries at all?
approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)
am i missing something here?
thx
kumarc123
08-22 01:41 PM
NJIT
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
xeixas
08-08 06:14 PM
You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)