MDix
02-11 01:58 PM
That's absolutely right.
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Thanks,
MDix
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Thanks,
MDix
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raysaikat
07-19 10:20 PM
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
spicy_guy
11-09 02:27 PM
AP applied at: NSE.
on: Sept 7th.
mode of application: online + mail in all copies via good old USPS.
Status on 11/09: Card production.
No physical card yet, but so far so good.
Wow! Yours is so quick. Did you expedite it?
on: Sept 7th.
mode of application: online + mail in all copies via good old USPS.
Status on 11/09: Card production.
No physical card yet, but so far so good.
Wow! Yours is so quick. Did you expedite it?
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Libra
01-11 03:59 PM
bump
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gcgreen
08-12 01:12 PM
I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.
The AC21 language is very clear: "same or similar occupational classification"
It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.
Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)
As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
The AC21 language is very clear: "same or similar occupational classification"
It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.
Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)
As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
Jimi_Hendrix
06-26 02:08 PM
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
Current Status: Card production ordered.
On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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sanbaj
07-28 03:38 PM
:rolleyes:
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
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Soul
02-07 08:46 AM
Hey Eilsoe :beam:
The voting is bound to slow down because theres less people, I'm sure more people will find it eventually...
- Soul :goatee:
The voting is bound to slow down because theres less people, I'm sure more people will find it eventually...
- Soul :goatee:
more...
fromnaija
02-20 06:42 PM
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
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reddymjm
05-14 11:07 AM
Are you also preaching? you made that guy delete his posts.
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GCInThisLife
06-03 11:03 PM
Yes. misrepresentation is risky and dangerous and no one is asking you to do it. All I am saying is don't submit information that weren't asked and expose yourself. For example if you only need to w2s for 2006 and 2007, don't submit 2004 w2s when you were paid less etc. IOs make the decision with the information provided to them and issue RFE only if the info is not sufficient or require clarification. In fact this is what even UnitedNations wrote in other forms.. i.e. don't pro-actively submit extra documentation.
Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.
Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).
Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.
Anyways.. Wish you all the best. I hope your wait would be over soon.
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.
Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).
Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.
Anyways.. Wish you all the best. I hope your wait would be over soon.
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
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nozerd
01-04 01:05 PM
If this were Canada or Sweden the wives could become " domestic partners" of each other and ask your friend to f.o.
Alsas the US doesnt reconize domestic partners :)
Alsas the US doesnt reconize domestic partners :)
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mariner5555
11-18 05:58 AM
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
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jnayar2006
04-01 06:40 PM
sent 10 n 11
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kart2007
05-17 11:23 AM
I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
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plassey
08-01 10:49 PM
If you have a company's blank letter head and genuine salary slips then every thing goes...
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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hari-patti
07-23 08:46 PM
Hi
Could anyone guide me on this.
What does "class" mean when filing for e-file AP?
thanks
Could anyone guide me on this.
What does "class" mean when filing for e-file AP?
thanks
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webm
12-31 01:08 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
We are in the same boat my friend....keep hope!!
Happy Newyear 2009!! we might get Green soon...
--------------
PD:EB3-I Oct 2001.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
We are in the same boat my friend....keep hope!!
Happy Newyear 2009!! we might get Green soon...
--------------
PD:EB3-I Oct 2001.
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kaisersose
07-28 04:10 PM
I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.
Doesn't matter. You interfile based on priority date and once a 14 0 is approved, your PD remains yours - even if it is revoked later.
Doesn't matter. You interfile based on priority date and once a 14 0 is approved, your PD remains yours - even if it is revoked later.
gc4me
10-30 01:20 PM
PD: EB3 ROW, Apr 2004, Current now
I-140 :Approved on Mar 2006
Invoked AC21 on September and sent all necessary docs. No LUDs then.
I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).
Now check this out:
Soft LUD on I-140 on 10/15/2008.
Soft LUD on I-485 on 10/24/2008.
Soft LUD on my spouse's I-485 on 10/27/2008.
Soft LUD on I-485 on 10/29/2008.
Soft LUD on I-140 on 10/30/2008.
Soft LUD on I-485 on 10/30/2008.
I am clueless! Somebody please help me! :confused:
I-140 :Approved on Mar 2006
Invoked AC21 on September and sent all necessary docs. No LUDs then.
I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).
Now check this out:
Soft LUD on I-140 on 10/15/2008.
Soft LUD on I-485 on 10/24/2008.
Soft LUD on my spouse's I-485 on 10/27/2008.
Soft LUD on I-485 on 10/29/2008.
Soft LUD on I-140 on 10/30/2008.
Soft LUD on I-485 on 10/30/2008.
I am clueless! Somebody please help me! :confused:
leo2606
01-04 06:46 AM
:D:D:D That's funny.
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
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