KbK
04-09 11:50 PM
Hi friends
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
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fittan
03-16 03:12 PM
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
anuh1
03-16 04:15 PM
Mine was filed 2nd week of Feb and still waiting .....
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augustus
07-15 03:03 PM
I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
more...
CantLeaveAmerica
07-21 05:17 PM
My wife and I received a similar RFE in yesterday's mail. It seems they do not have our form I-693 in their possession. Wonder why they took 2 years to figure that out though we had submitted all documents in its entirety at that time. Anyways, we will be redoing the medicals and sending them the form..an additional $500 for both of us!
Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.
Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."
Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...
Hope this info helps...
Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.
Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."
Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...
Hope this info helps...
desi3933
03-16 12:08 PM
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
>> Also, as per my understanding, You only get RFE when your PD is current
Incorrect.
RFE and I-485 denial can be issued even when PD is not current.
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
>> Also, as per my understanding, You only get RFE when your PD is current
Incorrect.
RFE and I-485 denial can be issued even when PD is not current.
more...
singhsa3
08-13 06:15 PM
Good try though!
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
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eb3retro
11-18 12:09 AM
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
do u have ur approved i-140?
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
do u have ur approved i-140?
more...
gg_ny
04-07 04:59 PM
Can we get an appointment with the President and explain the problems faced by EB immigrants
Since the 43rd is counting weeks now, may be, one might want talk to all of the three 44-wannabes to extract a promise/create awareness in them and to prime them in advance.
Since the 43rd is counting weeks now, may be, one might want talk to all of the three 44-wannabes to extract a promise/create awareness in them and to prime them in advance.
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smartboy75
09-29 03:17 PM
Looks like an unique situation...no reply from anybody...
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shana04
12-31 01:54 PM
If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
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simon03
07-15 12:35 PM
I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
more...
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unseenguy
06-24 08:29 AM
You are worrying about nothing. Have fun and enjoy life
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kondur_007
08-17 02:31 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.
If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.
Good Luck.
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.
If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.
Good Luck.
more...
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chanduv23
06-12 04:34 PM
Time to step up the pressure ?
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indianabacklog
07-25 11:25 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
You can download all the forms from the USCIS website.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
You can download all the forms from the USCIS website.
more...
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SNLive999
06-11 07:32 PM
Again Thanks Dhun Dhun.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
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nkavjs
12-18 01:17 AM
Friends Hi:
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
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clear485
06-02 10:11 PM
there is no 10,000 source but i heard people say that..
are you also their client..are you audited..my audit is on business
necessity and recruitment..
does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake
Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
are you also their client..are you audited..my audit is on business
necessity and recruitment..
does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake
Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
user1205
08-13 11:48 AM
Why "TSC is far better than NSC"?
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
GcInLimbo
02-10 01:34 PM
The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
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