sathweb
01-13 05:14 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
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asdfgh
11-27 11:58 PM
Finished FP this morning. Got LUD on 485 45 mins after FP completion. Status language changed from
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"
to
"On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"
Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.
Any thoughts???
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"
to
"On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"
Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.
Any thoughts???
lskreddy
08-14 02:18 PM
I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.
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smartboy75
07-17 07:13 PM
Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it
more...
indi0818
03-07 12:25 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
Thanks in advance guys.
niklshah
05-27 01:02 PM
What will be the answer for current immigrtion status question, rite now i am using my EAD and i have never used an advance parole...thanks
more...
greyhair
01-29 10:02 PM
There is no issue with going for fingerprinting after getting GC. So no big deal if that is your concern. They will not cancel your daughter's green card just because she went for fingerprinting responding to the notice received from USCIS. Don't think too much. Your GC might be in the pipeline. In the meantime, relax and enjoy the wait time.
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realizeit
10-19 02:21 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
more...
dbevis
June 14th, 2005, 09:32 AM
As far as I can tell, extension tubes have straight-through contacts. They do work well with any lens, at least I've tried it with most of my lenses.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
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go_guy123
08-18 12:51 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
more...
chanduv23
06-12 04:30 PM
This is my first post, so bear with me.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
hot more.
funnymdguy
11-16 12:36 PM
Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.
Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?
Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?
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veni001
07-06 08:53 PM
Looks like my attorney did not read 8 CFR completely before answering my question?:(
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
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DesiPardesi
07-13 04:25 PM
Done. Forwarded to other affected friends.
Wondering why IV has 4000 members while signatures are only 1327.
I believe your spouse can sign too because she is affected with this VB fiasco as well.
Wondering why IV has 4000 members while signatures are only 1327.
I believe your spouse can sign too because she is affected with this VB fiasco as well.
more...
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drsnh123
06-20 07:48 AM
thanks for the reply guys. if some more people can give their opinions , that will be gr8
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
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waiting4gc02
06-19 12:44 PM
EAD/AP's dates are back to normal ( ~90 days)
So, stop panicking ppl..
For once, USCIS, fixed there error ..fast enough..!!!
Cheers..
So, stop panicking ppl..
For once, USCIS, fixed there error ..fast enough..!!!
Cheers..
more...
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rockstart
03-09 11:45 AM
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
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JoeSixpack
09-04 07:45 PM
It seems I spoke too soon about having that bold problem tucked away. It does work like I mentioned. However if upon opening the window i first click the bold button then click in the textbox, the bold button will return to its unClicked state. It is only if i first click the bold button and begin typing without clicking in the textbox before typing that it retains its isChecked state and the text is bold.
(This is how it is working after adding the MainRichTextBox.Focus to the cs file.)
(This is how it is working after adding the MainRichTextBox.Focus to the cs file.)
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Libra
08-09 11:26 PM
This organization and this forum is running on contributions but why you guys want to use this forum but not interested in contributing, if you need just info there are so many other attorney forums where you can go and get the info. but when you are here in IV, i'll ask to contribute on any thread:D you guys dont even bother to look into action items and contribution thread. so i have to go to each and every thread and request people
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
JazzByTheBay
02-23 01:17 PM
+1 on that.
The Hritik Roshan, Govinda and Daniel Craig (James Bond) images in the user profile section of each post in forum threads are quite distracting. What's the point of this feature, anyways?
I would like to put a face to every alias I come across, but not Hritik's, Govinda's or Daniel Craig's even if the resemblance with you is shocking! :)
Just removed the small image I had in my signature as well.
jazz
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
The Hritik Roshan, Govinda and Daniel Craig (James Bond) images in the user profile section of each post in forum threads are quite distracting. What's the point of this feature, anyways?
I would like to put a face to every alias I come across, but not Hritik's, Govinda's or Daniel Craig's even if the resemblance with you is shocking! :)
Just removed the small image I had in my signature as well.
jazz
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
Sunx_2004
11-21 12:37 AM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
In short, EB3 is doomed....
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
In short, EB3 is doomed....
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