kaisersose
05-14 12:10 PM
One of the main processing activities during the 485 phase is to check if the applicant has always been in status..not just for the past 5 years, but the entire time.
Many people have recently been issued RFEs from NSC to prove status from as far back as 1997 or when they first arrived as students with approval notices, copies of I-94s, and paystubs for each year of employment. If the applicant wase working illegally for a period less than 6 months, the lawyer may be able to pull it off. if it is more than 6 months, then it can get tricky.
The best thing to do at this time is to get the opinion of a experienced attorney.
CIS is very inconsistent and if you are lucky they will never even bother to read your documents in detail and send an approval.
Many people have recently been issued RFEs from NSC to prove status from as far back as 1997 or when they first arrived as students with approval notices, copies of I-94s, and paystubs for each year of employment. If the applicant wase working illegally for a period less than 6 months, the lawyer may be able to pull it off. if it is more than 6 months, then it can get tricky.
The best thing to do at this time is to get the opinion of a experienced attorney.
CIS is very inconsistent and if you are lucky they will never even bother to read your documents in detail and send an approval.
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sparky_jones
10-03 11:03 AM
Customer service reps have told me (3 times), that the date they use to determine processing times is Notice Date, not Receipt Date, because ND is the date they have on file.
I thought they would honor RD.
Receipt Date has other important implications; it is the date from which you can count your 180 days for AC21. It is also the date from which your "Adjustee" status becomes active. I think the fact that a certain RD is printed on your I-485 receipt has its own importance, regardless of how the USCIS wants to treat it internally.
I thought they would honor RD.
Receipt Date has other important implications; it is the date from which you can count your 180 days for AC21. It is also the date from which your "Adjustee" status becomes active. I think the fact that a certain RD is printed on your I-485 receipt has its own importance, regardless of how the USCIS wants to treat it internally.
chanukya
08-20 08:15 PM
245(i) cutoff is April, 30 2001.
http://www.uscis.gov/graphics/howdoi/hdi245i.htm
And the 245(i) illegals come under EB3
http://www.murthy.com/news/n_bulapr.html
Do some research before you post.
I'm not sure if IV can lobby for illegals to be treated separately. I dont really care, I'm EB2 and it's getting harder by the day for EB3 people who dont qualify to jump into EB2. But I think it's just bad that all the legal EB3 folks have to wait behind the illegals.
lwpd
I guess Law makers envisaged that all 245(i) illegals will come under EB3(iii) Category....thereby limiting the quota to 10000 per year, But unfortunately India's evergrowing population's minimum education seems to be Bachelors or every one of India's population is skilled enough thereby qualifying for EB3(ii) or (i) respectively, there by clogging the pipes for another 6 to 10 years.
Unless we get SKIL or some kind of relief, we are struck in US of A for years to come and in the process some legals may turn illegals and thereby entering unbreakable loop.
This seems to be sinister plan by US of A's corporate America :-)
US of A's Think Tank is intelligent enough to recognize that system will hang, but who gets the mileage out of it, with more demand from Corprate America for more H1B's and it is any body's guess why US of A's Think Tank is acting Dumb :-)
http://www.uscis.gov/graphics/howdoi/hdi245i.htm
And the 245(i) illegals come under EB3
http://www.murthy.com/news/n_bulapr.html
Do some research before you post.
I'm not sure if IV can lobby for illegals to be treated separately. I dont really care, I'm EB2 and it's getting harder by the day for EB3 people who dont qualify to jump into EB2. But I think it's just bad that all the legal EB3 folks have to wait behind the illegals.
lwpd
I guess Law makers envisaged that all 245(i) illegals will come under EB3(iii) Category....thereby limiting the quota to 10000 per year, But unfortunately India's evergrowing population's minimum education seems to be Bachelors or every one of India's population is skilled enough thereby qualifying for EB3(ii) or (i) respectively, there by clogging the pipes for another 6 to 10 years.
Unless we get SKIL or some kind of relief, we are struck in US of A for years to come and in the process some legals may turn illegals and thereby entering unbreakable loop.
This seems to be sinister plan by US of A's corporate America :-)
US of A's Think Tank is intelligent enough to recognize that system will hang, but who gets the mileage out of it, with more demand from Corprate America for more H1B's and it is any body's guess why US of A's Think Tank is acting Dumb :-)
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smisachu
07-26 10:22 AM
On form 9089 (PERM labor certificate):
H4: Education: minimum level required: Master's
H4-B: Major field of study: accounting
H5: is training required in the job opportunity? No
H6: is experience in the job offered required for the job? No
H7: is there an alternate field of study that is acceptable? No
H8: is there an alternate combination of education and experience that is acceptable? Yes
H8-A: if yes, specify the alternate level of education required: Bachelor's
H8-C: if applicable, indicate the number of years experience acceptable in question 8: 2 years
H9: is a foreign education equivalent acceptable? No
Just wanted to point out,
"H9: is a foreign education equivalent acceptable? No"
Are you US educated ? if not this might be a problem as you just ruled yourself out of your own petition.
if yes, then there might not be much scrutiny and you might get through.
You need to check what these Lawers put. In my labor petition under " Is this a permanent Job", mine had put "NO". That would have defeated the whole purpouse of the petition. Fortunately I caught it before I signed the papers and gave him a piece of my mind.
H4: Education: minimum level required: Master's
H4-B: Major field of study: accounting
H5: is training required in the job opportunity? No
H6: is experience in the job offered required for the job? No
H7: is there an alternate field of study that is acceptable? No
H8: is there an alternate combination of education and experience that is acceptable? Yes
H8-A: if yes, specify the alternate level of education required: Bachelor's
H8-C: if applicable, indicate the number of years experience acceptable in question 8: 2 years
H9: is a foreign education equivalent acceptable? No
Just wanted to point out,
"H9: is a foreign education equivalent acceptable? No"
Are you US educated ? if not this might be a problem as you just ruled yourself out of your own petition.
if yes, then there might not be much scrutiny and you might get through.
You need to check what these Lawers put. In my labor petition under " Is this a permanent Job", mine had put "NO". That would have defeated the whole purpouse of the petition. Fortunately I caught it before I signed the papers and gave him a piece of my mind.
more...
javadeveloper
03-14 04:16 PM
Good one.
thomachan72
08-14 11:39 AM
Yes we do have proof that checks went to attorney for cost of LC. Infact we do have a bill from Attorney too.
We do not have any where in writing that my wife would pay for LC.
If the employer / atorney has accepted a checque from your wife (no more proof is needed) then they are screwed. Now regarding the fact that your wife left the comp immediately following 140 application only indicates that 140 need be cancelled since it can no longer be transfered. We are free to move companies legally. Filing 140 does not bind you to stay with the company except that your GC process will be cancelled. However, making teh employee pay for the expense is similar to accepting bribe and granting a favor. They will be banned for a certain period if the uscis finds this out.
But anyway why did your wife not apply with the new company? Either way you should have known that shifting jobs before 140 approval and 485 filing will cancel the whole process. Most of us are worried of shifting jobs even after getting an EAD / 180 days post 485. Best of luck.
We do not have any where in writing that my wife would pay for LC.
If the employer / atorney has accepted a checque from your wife (no more proof is needed) then they are screwed. Now regarding the fact that your wife left the comp immediately following 140 application only indicates that 140 need be cancelled since it can no longer be transfered. We are free to move companies legally. Filing 140 does not bind you to stay with the company except that your GC process will be cancelled. However, making teh employee pay for the expense is similar to accepting bribe and granting a favor. They will be banned for a certain period if the uscis finds this out.
But anyway why did your wife not apply with the new company? Either way you should have known that shifting jobs before 140 approval and 485 filing will cancel the whole process. Most of us are worried of shifting jobs even after getting an EAD / 180 days post 485. Best of luck.
more...
rbashir
12-02 05:32 PM
Guys
I really appriciate your response, thanks for the ncouraging words, I ddint know what to do, whome to talk to, I am just taking all this for the last 5 years and I guess I was upto my neck today and just burst open in this forum cuz I know only likes can underdstand the situation. Please let me know if you know of any job availability in DC area.
I really appriciate your response, thanks for the ncouraging words, I ddint know what to do, whome to talk to, I am just taking all this for the last 5 years and I guess I was upto my neck today and just burst open in this forum cuz I know only likes can underdstand the situation. Please let me know if you know of any job availability in DC area.
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SGP
11-16 08:21 PM
G o o d E v e n i n g GC !!!!!!!
more...
geesee
07-20 01:48 PM
Guys Here , Now that most of us will be filing for I-485 I would like to know what to expect once it is filed. I am applying for EAD and AP also.
Can any one let me know on what further communications we get from the USCIS and what my attorney gets. Really appreciate if some one could direct me to a link on the process. Thanks a lot. Sorry for starting a new thread if it was already posted any where. I did a quick glance but couldn't find something similiar (I MAY BE WRONG). Thanks
1) Expect that your checks get cashed by USCIS
2) Expect to see some no. on the back of your check(you can track it online if you sent ur own checks)
3) Expect your attorney to get a receipt notice from USCIS
These are few things that you should expect in near future(i'd say in few months).. Later other things will come in picutre... FP, EAD, AP, etc etc...
Can any one let me know on what further communications we get from the USCIS and what my attorney gets. Really appreciate if some one could direct me to a link on the process. Thanks a lot. Sorry for starting a new thread if it was already posted any where. I did a quick glance but couldn't find something similiar (I MAY BE WRONG). Thanks
1) Expect that your checks get cashed by USCIS
2) Expect to see some no. on the back of your check(you can track it online if you sent ur own checks)
3) Expect your attorney to get a receipt notice from USCIS
These are few things that you should expect in near future(i'd say in few months).. Later other things will come in picutre... FP, EAD, AP, etc etc...
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gc2
03-05 10:01 AM
even if ur employer cancels I-140, you should be safe if 180 days have passed since I-485 filing. find another job and once you get it, call me so i can send u my resume ;-)
more...
villamonte6100
07-12 10:04 AM
Dal mein kuch kala hai
this is really getting more confusing and I think
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
I don't understand what you are saying....
this is really getting more confusing and I think
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
I don't understand what you are saying....
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PlainSpeak
01-13 11:04 AM
These numbers only reflect primary applicants, remember there are also dependants that also get counted against the cap.
I would assume the pending apps count include all derivates app also. So the pending count is the final count pf pending apps
The following caluclation was done using Demand Data Used in the Determination of the February 2011 Employment Preference Cut-Off Dates document as provided in IV forum.
With EB2i having 13150 apps in pipeline as of Jan 2007 this load without spillover will be cleared in 13150/2800 = 4.5 years. Of course with spillover that number will reduce but how much i am not sure since i am not sure how much spillover EB2 is expecting. If you browse the forum you will come across posts of EB2 guys gigddly doing the calculation and predicting stuff about spillover count. They might be able to tell how much spillover is going to happen
With EB3i having 54,850 apps in pipeline as of Jan 2007 this load will be cleared in 54,850/2800 = 19 years. Since EB2 will be using the spill over if any (as stated above) EB3 will not get spillover so 19 years is the final count
Of course EB2 could become current and EB3 might get spillover visas but there is no gaurentee that more people will NOT apply in EB2. So that spill over route is closed
Removing county count will through all the above cal;culations to the wind since older priority dates will get spill over visas but this comes with 2 caveats
1. The fact that there is a real possibility of this happening in the first place since it is enshrined in the immigration law
2. The fact that China and other countries wil not try their own advocacy to halt this as this would impact them most
Retreving Unused visa from previous year.
1. The chances of this happening are better than country cap removal but this needs legislation too and we know how congress is with immigration legislation
2. But in case this happens
- a. If it happens with caveats such as but not limited to US educated GC applicants or EB2 applicants first (Yes this is possible and is not something which will NEVER happen) EB3 will never get spill over because the retrogression happening currently will happen again down the line and a whole bunch of EB2 applicants will have first right over the visas. in that case EB3 caluclations are same
- b. If it happens with NO caveats then the visa wil spill over to EB3. How many visas wil be based on how many were recovered in first place
Of course all these calculation are not even talking about EB3 ROW demand. This demand if it increases will keep EB3 calculation to same (19 years for Jan 2007) or even worse
I would assume the pending apps count include all derivates app also. So the pending count is the final count pf pending apps
The following caluclation was done using Demand Data Used in the Determination of the February 2011 Employment Preference Cut-Off Dates document as provided in IV forum.
With EB2i having 13150 apps in pipeline as of Jan 2007 this load without spillover will be cleared in 13150/2800 = 4.5 years. Of course with spillover that number will reduce but how much i am not sure since i am not sure how much spillover EB2 is expecting. If you browse the forum you will come across posts of EB2 guys gigddly doing the calculation and predicting stuff about spillover count. They might be able to tell how much spillover is going to happen
With EB3i having 54,850 apps in pipeline as of Jan 2007 this load will be cleared in 54,850/2800 = 19 years. Since EB2 will be using the spill over if any (as stated above) EB3 will not get spillover so 19 years is the final count
Of course EB2 could become current and EB3 might get spillover visas but there is no gaurentee that more people will NOT apply in EB2. So that spill over route is closed
Removing county count will through all the above cal;culations to the wind since older priority dates will get spill over visas but this comes with 2 caveats
1. The fact that there is a real possibility of this happening in the first place since it is enshrined in the immigration law
2. The fact that China and other countries wil not try their own advocacy to halt this as this would impact them most
Retreving Unused visa from previous year.
1. The chances of this happening are better than country cap removal but this needs legislation too and we know how congress is with immigration legislation
2. But in case this happens
- a. If it happens with caveats such as but not limited to US educated GC applicants or EB2 applicants first (Yes this is possible and is not something which will NEVER happen) EB3 will never get spill over because the retrogression happening currently will happen again down the line and a whole bunch of EB2 applicants will have first right over the visas. in that case EB3 caluclations are same
- b. If it happens with NO caveats then the visa wil spill over to EB3. How many visas wil be based on how many were recovered in first place
Of course all these calculation are not even talking about EB3 ROW demand. This demand if it increases will keep EB3 calculation to same (19 years for Jan 2007) or even worse
more...
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amitga
05-07 12:04 PM
Did anyone read the last two lines on the first page:
"Unused numbers can “fall-down” from E1 to E2 to E3. Unused numbers can “fall-up” from E4 and E5 to E1. This is taken into consideration when setting monthly/annual targets for number use based on historical/recent patterns."
Are they preparing for BIG spillover right from this month or am I reading too much between the lines.
"Unused numbers can “fall-down” from E1 to E2 to E3. Unused numbers can “fall-up” from E4 and E5 to E1. This is taken into consideration when setting monthly/annual targets for number use based on historical/recent patterns."
Are they preparing for BIG spillover right from this month or am I reading too much between the lines.
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sivananda
03-26 04:42 PM
Thanks Ashkam and Piyu7444.
:)
:)
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unseenguy
04-26 05:03 PM
It’s not irrelevant as its your concept of life and you are talking I am frustrated with life. It’s funny...
How come your philosophy became irrelevant to yourself.. coming to your point, people would be much more nice and polite when you care about the community and their plight. But when you come, ask nanny question and disappear...did you ever thought about people who spent lots of time, money and energy to fix the whole issue. Are they only going to get the GC...or anything special for their effort and sacrifice.?
You moron, idiot. What I said is my previous quote, you have taken it out of context and is irrelevant to mention in this post. You are twisting the context in which I had said things and not even then they were relevant to you. What I am saying is you have an uncanny ability to poke nose in every post and everyones matter and its repulsive to find you policing this forum when you are just one member, not an administrator or some officer of IV. Thats what I am saying , you are no body to be rude to people here.
Probably a job of loan recovery officer would be better suited for you.
How come your philosophy became irrelevant to yourself.. coming to your point, people would be much more nice and polite when you care about the community and their plight. But when you come, ask nanny question and disappear...did you ever thought about people who spent lots of time, money and energy to fix the whole issue. Are they only going to get the GC...or anything special for their effort and sacrifice.?
You moron, idiot. What I said is my previous quote, you have taken it out of context and is irrelevant to mention in this post. You are twisting the context in which I had said things and not even then they were relevant to you. What I am saying is you have an uncanny ability to poke nose in every post and everyones matter and its repulsive to find you policing this forum when you are just one member, not an administrator or some officer of IV. Thats what I am saying , you are no body to be rude to people here.
Probably a job of loan recovery officer would be better suited for you.
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mps
04-22 09:13 AM
Going by the same reasoning - if an EB based applicant gets laid off, while GC is pending with DHS, DHS can't deny GC.
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anilsal
08-19 11:05 AM
I am in St. Louis MO, Please send me the Call in information.
Thanks!
:)
Are you a physician? If yes, paskal can add you to the physician group also. Please PM him your details also.
Thanks!
:)
Are you a physician? If yes, paskal can add you to the physician group also. Please PM him your details also.
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willIWill
05-07 10:13 AM
It is Cumulative Demand Prior To CY-2002. I.e. before Jan 1st 2002 and up till Dec 31 2001.
No it does not include 2002. For 2002 look for "Cumulative Demand Prior To CY-2003".
CY: Calendar Year
how did you infer that? Its only down 75 for CY 2002 for India.
Also, can someone help me understand if CY2002 means 1st Jan 2002 or 31st Dec 2002. I always thought it was all dates prior to 1st Jan 2002 but somewhere in one of the threads someone said it includes 2002.
No it does not include 2002. For 2002 look for "Cumulative Demand Prior To CY-2003".
CY: Calendar Year
how did you infer that? Its only down 75 for CY 2002 for India.
Also, can someone help me understand if CY2002 means 1st Jan 2002 or 31st Dec 2002. I always thought it was all dates prior to 1st Jan 2002 but somewhere in one of the threads someone said it includes 2002.
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tnite
09-19 03:13 PM
Tristate folks dont mind driving 4 hrs to catch a movie but going to the rally is a big hassle for them.
Even if it was held in NYC, folks from tristate will not show up.They have to straighten their priorities first.
Some of them had genuine reasons but most of them were just not interested.plain and simple
Thats the lesson the tristate group heads found out during the phone campaign.
Even if it was held in NYC, folks from tristate will not show up.They have to straighten their priorities first.
Some of them had genuine reasons but most of them were just not interested.plain and simple
Thats the lesson the tristate group heads found out during the phone campaign.
apahilaj
07-27 04:14 PM
Dear friends,
My lawyer applied for my and my wife's EAD and AP along with 485 application. I am not sure if he waited to get some tracking number for 485 application before he applied for EAD and AP.
Will this cause any issue if he sent everything in one shot?
Please clarify. Thanks.
My lawyer applied for my and my wife's EAD and AP along with 485 application. I am not sure if he waited to get some tracking number for 485 application before he applied for EAD and AP.
Will this cause any issue if he sent everything in one shot?
Please clarify. Thanks.
chanduv23
09-17 02:02 PM
^^^^^^^^^^^^^^^^
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