WillIBLucky
12-11 01:26 PM
Yes its good USCIS have revenue to hire more people to process our applications. Well said.
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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wata
09-29 11:55 AM
Thanks for all the info,
For AC21, I have read you don't need approve I-140, only approvable is good enough, new employer no need file new LC, no need ability to pay just have to be the same titile and similar pay. But I still not clear about self-employ.
Last question,
If I were to go with I-140 premium, and get approve let says October 15.
Is it going to do any good because 485 is even worse, right now is processing only Dec 2, 2005 and move slower than turtle. That's why I need to know somebody who get 485 approve from Nebraska to say something here. But I know basically people who already got 485 approved will never come back to spend time on this forum. But if you know friends or anybody got 485 approved please write something like Priority date and 485 receipt date.
Thanks again
As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.
For AC21, I have read you don't need approve I-140, only approvable is good enough, new employer no need file new LC, no need ability to pay just have to be the same titile and similar pay. But I still not clear about self-employ.
Last question,
If I were to go with I-140 premium, and get approve let says October 15.
Is it going to do any good because 485 is even worse, right now is processing only Dec 2, 2005 and move slower than turtle. That's why I need to know somebody who get 485 approve from Nebraska to say something here. But I know basically people who already got 485 approved will never come back to spend time on this forum. But if you know friends or anybody got 485 approved please write something like Priority date and 485 receipt date.
Thanks again
As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.
sanju
04-04 02:31 PM
To be frank, I was not aware of this loophole used by L1s so it came as a shock to me when I came to know of it. Anyways complaining will not take us far, action will. I will call my lawmakers. Does anyone have a list of lawmakers based on state or city.
Thank you ss_col.
This thread has lots of information about calling lawmakers:
http://immigrationvoice.org/forum/showthread.php?t=3814
Please request your spouse and friends to calls lawmakers.
Thank you ss_col.
This thread has lots of information about calling lawmakers:
http://immigrationvoice.org/forum/showthread.php?t=3814
Please request your spouse and friends to calls lawmakers.
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glus
01-25 08:04 AM
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I am not an attorney, so do not take my answers for granted!
Regards to all,
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I am not an attorney, so do not take my answers for granted!
Regards to all,
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bcogswell11
12-31 07:49 PM
Yap both entries were intense and better than anything I could ever do, but Soul's detail and multiple parts made me give him my vote. Awesome job guys!
-brad-:evil:
-brad-:evil:
rk07
09-20 10:15 PM
Seshu,
Which center did you file, is it NSC? If so, on what date.
I applied on 23 July at NSC and havent received anything so far.
Thanks,
-rk.
I got my checks cashed today and got ALL receipt numbers.
485 sent to NSC whereas AP and EAD stay in CSC. All have receipt numbers starting with WAC.
I saw from the previous post that EADs are being ordered within 6 days. is that true?
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On September 17, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case.
Which center did you file, is it NSC? If so, on what date.
I applied on 23 July at NSC and havent received anything so far.
Thanks,
-rk.
I got my checks cashed today and got ALL receipt numbers.
485 sent to NSC whereas AP and EAD stay in CSC. All have receipt numbers starting with WAC.
I saw from the previous post that EADs are being ordered within 6 days. is that true?
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On September 17, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case.
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texcan
08-13 11:30 PM
not offensive at all... in fact i welcome your suggestion.
btw.. i just started meditating today.. really works.
i guess analyzing these incidents is better than calling uscis.. which i am totally itching to do this week (one per week .. within my quota).
Good to see nice welcome gesture from you.
You did not earn red mark...my comments were more on humane side to not worry too much about anything.
You are right, we need to be cautious, lest things go wrong and feel sorry later. You (IV) all are doing great work. I love this site.
I fully agree with you we all are frustrated with this mess, but my idea is...For many things as many can go wrong....there will be equal if not more things turning right.
Off topic...here is a question for you, how does one becomes a member from junior member and so forth.
take care
btw.. i just started meditating today.. really works.
i guess analyzing these incidents is better than calling uscis.. which i am totally itching to do this week (one per week .. within my quota).
Good to see nice welcome gesture from you.
You did not earn red mark...my comments were more on humane side to not worry too much about anything.
You are right, we need to be cautious, lest things go wrong and feel sorry later. You (IV) all are doing great work. I love this site.
I fully agree with you we all are frustrated with this mess, but my idea is...For many things as many can go wrong....there will be equal if not more things turning right.
Off topic...here is a question for you, how does one becomes a member from junior member and so forth.
take care
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senk1s
06-18 01:27 AM
Besides not signing this so called contract
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
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Lasantha
11-07 02:09 PM
Dude !!
FYI,
France <> Europe
Thanks for sharing your deep rooted pessimism, though
Keep up with your mission.. it helps :D
Cheers
I think he was only trying to help. No need to be mean.
FYI,
France <> Europe
Thanks for sharing your deep rooted pessimism, though
Keep up with your mission.. it helps :D
Cheers
I think he was only trying to help. No need to be mean.
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fuzzy logic
07-20 03:15 PM
In Chicago
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optimist578
01-22 11:10 PM
I also want to know the same...
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
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TomPlate
07-11 09:41 PM
Why in the first place you guys are applying if they say in a news that they are going to reject. It is all because of the lawyer. Whatever goes wrong let the people who applied suffer. Whatever goes right let the people who applied be happy.
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chanduv23
02-13 06:15 PM
Thank you very much for posting this information. I am going to send this letter by hand written in next two days.
My thread did do some good :)
Dear fellow IVans - please do not take my first post in the negative sense. At this time we need maximum cooparation from all fellow community members.
Thanks for coming forward and helping the cause.
My thread did do some good :)
Dear fellow IVans - please do not take my first post in the negative sense. At this time we need maximum cooparation from all fellow community members.
Thanks for coming forward and helping the cause.
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digital2k
09-20 10:31 PM
We are a global family with global concerns.
Thank You Everyone ...
Some people had been concerned re: the numbers, would have been great to have 30,000 but all those who attended were strongly motivated and were equal to 30,000. Its great to have like minded, strongly oriented.
We should learn from all those who participated and get motivated NOW.
Please think from this :
IV Press Release on one site :
Most Viewed (Last 7 days)
Immigration Voice Rally on Sept 18 for Highly Skilled Legal Immigrants - 2121 views
United we Stand All
Thank You Everyone ...
Some people had been concerned re: the numbers, would have been great to have 30,000 but all those who attended were strongly motivated and were equal to 30,000. Its great to have like minded, strongly oriented.
We should learn from all those who participated and get motivated NOW.
Please think from this :
IV Press Release on one site :
Most Viewed (Last 7 days)
Immigration Voice Rally on Sept 18 for Highly Skilled Legal Immigrants - 2121 views
United we Stand All
more...
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Almond
07-17 08:46 AM
primary care physician....so that insurance covers it.
It makes me so mad regular insurance doesn't cover the immigration physical. It's almost like any other physical, in fact it's not even as detailed as that-the uscis site mentions "disrobing":rolleyes: I had to do no such thing.
It makes me so mad regular insurance doesn't cover the immigration physical. It's almost like any other physical, in fact it's not even as detailed as that-the uscis site mentions "disrobing":rolleyes: I had to do no such thing.
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snarla
06-25 12:36 PM
Thanks for your response ...
I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...
My question is what will be one's status after filing I485?
I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...
My question is what will be one's status after filing I485?
more...
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raj2007
03-01 12:10 PM
though I agree there is no grace period however practically USCIS has not been rigid about the dates. MOST of the employers do not inform USCIS about firing of H1b. During dot com bust, USCIS has 'unofficially' said that 15-20 days are good enough (again not as a policy decision but informally). It should be avoided, however it may not be always possible, and having few days gap should not be something on which you make life or death decision.
Yes there is no grace period but INS overlook 3-4 weeks gap after layoff.I have seen lot of cases getting approved, if there were filed in that time period.
Yes there is no grace period but INS overlook 3-4 weeks gap after layoff.I have seen lot of cases getting approved, if there were filed in that time period.
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krishnam70
08-14 11:23 PM
krishnam70:
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.
cheers
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.
cheers
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javadeveloper
03-10 11:08 AM
I don't know if it is really easy to renew in US.Because i just filled the form with this link https://passport.gov.in/nri/OnlineRegistration.jsp?pocode=USAW and saved the application.I thought It'll save my details , but It looks like it sent the application to embassy.When I wanted to reprint the form it's asking the Web File No which I never received.May be I need to call them for this #.I tried to fill the form and save again.It's coming up with blank page without any Web File No.
When I called officer , he says server may be down try in the evening.Not sure if it works this time.
When I called officer , he says server may be down try in the evening.Not sure if it works this time.
delhirocks
08-14 12:28 PM
I completely disagree..There is this huge debate in IV about EB2 & EB3 IN. Everyone is looking at the dates and predicting that EB2 I will be current sometime in '09. This is perceived as injustice to EB3. What people don't realize is that USCIS is not processing. What good is a forward movement if there are no tangible benefits for folks who have already filed AOS.
Forward movement in Sep VB magnifies the USCIS inefficiencies. Despite the rhetoric on the board, this is -ve development in my view. Empirical evidence suggests that there are 1000s of cases pending for pre 06 EB2I & C and yet USCIS could not get that back log cleared. They obviously could not process enough to exhaust the available visa numbers and thus the forward movement by DOS.
This bodes well for CP filers…good for them.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
Forward movement in Sep VB magnifies the USCIS inefficiencies. Despite the rhetoric on the board, this is -ve development in my view. Empirical evidence suggests that there are 1000s of cases pending for pre 06 EB2I & C and yet USCIS could not get that back log cleared. They obviously could not process enough to exhaust the available visa numbers and thus the forward movement by DOS.
This bodes well for CP filers…good for them.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
garybanz
11-12 03:31 PM
Thanks Sunny, I have update the original post based on this information.
I got this in advance. But, it does not apply to you as you have a GC and you don't need a Mexican visa.
I got this in advance. But, it does not apply to you as you have a GC and you don't need a Mexican visa.
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