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Thursday, June 23, 2011

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prabhu07

05-21 12:42 AM

(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

(b) I have an approved I-140

(c) My 485 has not been filed yet

(d) I just got my H1 approved and it would be effective from Oct 1 2008

So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

5) Within how many days of joining my new Employer B should I file my new I-140?

6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

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rick_rajvanshi

12-07 12:06 PM

I won't worry about this at all as they have addressed this situation few weeks back here :

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.

Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW

We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.

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3ZS

June 14th, 2006, 03:35 PM

Im in the same boat as you. I just bought a D70 and it came with almost the same exact len kit. Ive had lots of fun/luck witht he 70-300mm at my kids softball games. I got some great shots of the kids at the plate , running, fielding etc...

Back to your original question....I just bought a magazine this week by ShutterBug - Digital Photography How-To Guide. One of the articles is about choosing the next lens for your digital SLR. Well worth the price for us rookies :p

I need some serious help with my D50 equipment. I have no experience at all with SLR cameras, and have recently bought a bundle consisting of a Nikon D50 and a Nikon 18-55mm f/3.5-5.6G ED AF-S Dxlens. Now I am interested in buying another lens (The Nikon 70-300mm f/4-5.6 AF Zoom Lens) in hope that these two lenses would suit my needs in amateur photography. I intend to photo landscapes, portraits and some ''macro'' (flowers and some insects). So, I would like to know if these lenses are an acceptable choice, having in mind that I can't afford to buy some expensive lenses, as my average monthly salary almost amounts to the price of these cheap ones. Thanks.

Approved 140 status changed [Archive] - Immigration Voice

View Full Version : Approved 140 status changed

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desi485

11-02 03:45 PM

You are very welcome...

Consular processing is way faster is what I was told.

I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.

I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:

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little_willy

08-06 05:19 PM

^^^^^^^^^^

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paskal

02-14 04:33 PM

folks,

please read this carefully if you are joining up:

no members are permitted without the following info-
name, phone number, location, general info (visa status, specialty etc)

please do not ask to join without providing this info, i may not have the time to ask you again for it subsequently!

we keep the info confidential. however we discuss sensitive issues in the group and lawmaker offices often do not want public disclosure. we have to be able to identify and trust our members. we also aim to know each other, often we can answer questions or provide suggestions.

thanks for understanding!

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kanta80

03-03 05:09 PM

My F1 grace period is almost ending. I filed the change of status application to take H4 status and I have received the receipt for it. It says it takes about 100-150 days for the decision. My employer is going to apply for my H1B on April 1, 2006 and I think I will not have the H4 approval by then. Is it possible to apply for H1B with this pending H4 situation? I am concerned since my F1 grace period will end in a week. Will there be any problem at all?

Thanks.

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karan2004m

12-01 03:46 PM

I have the exact same scenario :(
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.

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Singer

10-21 11:06 PM

I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

The AAO decision granted me all that was in their power to give.

1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�

At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

Please somebody in this forum answers me. What should I do? Please help!

Thank you.

Singer

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vivid_bharti

06-19 04:42 PM

You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.

...why all the hypocrisy, what for??

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sekharan

10-13 10:47 PM

My girlfriend is an Australian citizen and I am an Indian citizen.

Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

Her parents have greencards too.

She believes her greencard was filed for her by her uncle after he got his US Citizenship.

1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

4. Are not all greencards created equal?

5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

Any special serial numbers/markings/etc?

I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.

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Tantra

07-15 01:13 AM

Please sign up and become a member.

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santosh08872

02-24 07:30 AM

Hi,
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.

Do you people see any problem revoking the H1 at this stage?

Thanks
Santosh

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veni001

01-17 05:14 PM

hey

i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed

not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial

thanks
chehuan

Chances for an audit are 95%:(

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eb3retro

03-16 10:17 AM

Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.

you are welcome jungalee..dont worry, you will be very fine.

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jamesingham

08-14 07:58 PM

Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

Any information will be highly appreciated. TIA

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Atishbazi

03-31 03:26 PM

I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?

Atish.

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STAmisha

08-13 08:58 PM

Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

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uimv

03-14 12:08 PM

Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

Thanks coopheal, desi3933.

But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.

samcam

05-19 11:28 AM

Senate discussing High skilled immigration... log on to the live commentary thread to know more...

WAIT_FOR_EVER_GC

07-30 08:51 AM

I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
Leave them ted, they will never understand

gevelixy

Thursday, June 23, 2011

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