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gsc999
08-07 03:05 PM
Hi,
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
Your help will be greatly appreciated
Thanks
--
Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
Your help will be greatly appreciated
Thanks
--
Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue
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willwin
08-11 11:29 AM
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
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Rajwaitingon140
11-21 12:43 PM
Yes mine processing date is 21st DEC and EB3 and also LUD is JAN'8'2007
if I don't see any update on my case I will wait for one more processing time update and then I can ask my Attorney to proceed for SR.
Thank you guys this is great help.
Thank you
Raj
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
if I don't see any update on my case I will wait for one more processing time update and then I can ask my Attorney to proceed for SR.
Thank you guys this is great help.
Thank you
Raj
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
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sagittariusarm
09-04 10:13 AM
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
I140 will have the priority date and no receipts will have it.
I140 will have the priority date and no receipts will have it.
giddu
06-27 12:21 PM
June 18, 2007, ( Premium Processing)
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GCchakravyuh
07-17 12:53 AM
Thanks to Business week for well presenting the facts...
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sac-r-ten
07-28 10:19 AM
I think snathan is correct. if you look at the 485 denial letter it should say something related to EAD is invalid or something like that.
Sorry about your situation and Good luck.
Sorry about your situation and Good luck.
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Since1997
07-18 05:15 PM
see above
Thank you...
Thank you...
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glus
07-05 08:26 PM
I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
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randlesl
November 17th, 2004, 02:38 PM
Hello,
I am a new commer with no photography experience. I bought the D70 body with the sigma 28-80mm/3.5-5.6 and the 70-300mm/4-5.6 lens. when taking pics with the 28-80mm lens the pics seem to be alittle blurry and dark, and with the 70-300mm comes out alot clearer and slightly brighter. I am mostly taking pics of people in action, in the house (pics of kids while playing) where the lighting is alittle dim, but not dark. I am wondering if I need to get a new lenes with a better fstop or what to help my pics out??? I must include that I am not trying to use the flash because of the harsh lighting effect that it has. can anyone recommend what I should do to clear up my pics?
I am a new commer with no photography experience. I bought the D70 body with the sigma 28-80mm/3.5-5.6 and the 70-300mm/4-5.6 lens. when taking pics with the 28-80mm lens the pics seem to be alittle blurry and dark, and with the 70-300mm comes out alot clearer and slightly brighter. I am mostly taking pics of people in action, in the house (pics of kids while playing) where the lighting is alittle dim, but not dark. I am wondering if I need to get a new lenes with a better fstop or what to help my pics out??? I must include that I am not trying to use the flash because of the harsh lighting effect that it has. can anyone recommend what I should do to clear up my pics?
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zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
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chanduv23
09-04 06:41 AM
any pickups from Queens area or Manhattan???
also can someone give link to something that can be printed like a flyer re: rally on 18th?
I live in Queens - will do something about it. Lets stay connected.
also can someone give link to something that can be printed like a flyer re: rally on 18th?
I live in Queens - will do something about it. Lets stay connected.
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gc_on_demand
04-30 03:01 PM
Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.
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probe
07-14 11:20 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
This is quite ridiculous and insane.:(
If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
This is quite ridiculous and insane.:(
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JazzByTheBay
08-01 08:38 PM
... would be to outsource the mundane clerical work to a more efficient *on-shore* processing firm, and web-enable most services, remove repetitive submission of same documents with every single application, and provide customer access to his/her immigration profile & docs online (so we don't have to carry around the history of our lives on paper.... wherever we move... ).
jazz
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
jazz
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
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milind70
11-06 04:25 PM
All Guru's
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
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s_r_e_e
08-19 03:10 PM
I believe you should send what ever you have with a good cover letter about the unavailability & about the documents submitted originally. That might turn it in to an approval soon, hopefully.
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nikh
11-30 03:58 PM
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.
My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.
You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.
My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.
div_bell_2003
01-09 04:40 PM
USCIS will give you 2 years EAD if there is no visa available for you i.e. if your PD is currently retrogressed, although we got 2 years EAD in August 08 when our PD was current, which gave me a fair enough reason to believe the "no visa left for EB2 I/C" news that was floating around then :)
What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!
What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!
martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
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