rajuseattle
07-14 08:23 PM
ajthakur,
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
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stldude
07-11 02:23 PM
PD is May 2003, I-140 allready approved
485 sent on July 02 ( missed the boat by a day).
485 sent on July 02 ( missed the boat by a day).
vghc
07-03 11:23 AM
The point is to not 'distribute pain', it is to reduce the pain of a group.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
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richi121175
01-17 02:19 PM
I tried to send you something in a private msg but your quota is fullShameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
:mad: :mad:
:mad: :mad:
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gcpain
06-25 11:07 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
GCanyMinute
08-02 03:17 PM
The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
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neelu
12-12 10:48 AM
We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
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khans02
12-28 02:24 PM
I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
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HV000
03-19 01:26 PM
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
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greencard_fever
07-28 03:55 PM
yawn...
rolls over to the other side of bed...
yawn again...
turns over pillow to the cooler side...
yawn again..
dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D
Yawn...
Please close this thread..
Big Yawn..
rolls over to the other side of bed...
yawn again...
turns over pillow to the cooler side...
yawn again..
dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D
Yawn...
Please close this thread..
Big Yawn..
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snathan
08-21 11:11 PM
Have the chubby guy u take care of contact the local congressman/senator/newspaper and tell them a sob story about how no one will take care of him except you and maybe you will get lucky.
One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D
I am not sure why you guys are so harsh when someone is asking for guidance and help. If you have lot of time please go after the antis...there are lot of websites to rant your farustartion. If you can not give any useful information...please refrain from posting. It just gives very bad light.
One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D
I am not sure why you guys are so harsh when someone is asking for guidance and help. If you have lot of time please go after the antis...there are lot of websites to rant your farustartion. If you can not give any useful information...please refrain from posting. It just gives very bad light.
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pbojja
12-11 10:17 AM
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .
Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .
I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .
Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .
I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..
more...
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meera_godse
01-30 12:55 PM
Hello,
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
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mpadapa
09-26 10:00 AM
Just wrote an email to the editor...Hopefully he learns and corrects the article..
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gc__aspirant
05-30 02:49 AM
Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
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webm
03-17 04:03 PM
"Eb3 India PD of May 2001"---optimystic
You should have got GC by now right??
You should have got GC by now right??
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nixstor
03-18 06:53 PM
Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
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prioritydate
12-20 08:52 PM
No worries for you, if you were inadmissible they would not let you back into the country.
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
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Ramu25
04-26 10:52 PM
Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.
chanduv23
12-26 04:37 PM
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
Ramba
07-14 06:39 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
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