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krishnam70
05-06 11:43 AM
I have been a silent follower of IV for more than a year but this is my first post so be kind :)

I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

Thanks in advance :)

1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

- cheers
kris
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sayonara
09-11 01:33 PM
My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

Anybody else in same situation?

Did you guys talk to your Attorney?

I just sent an email to my Attorney and waiting for the reply....


I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...
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eldrick
07-31 04:14 PM
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
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lj_rr
07-30 10:24 AM
This is what the FAQ says

"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."

Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.




Please see Q5 & Q6:

http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

Also FAQ2 for your reference:

http://www.uscis.gov/files/pressrelease/FAQ2.pdf
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Refugee_New
08-02 02:39 PM
Dude/Dudet...

It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:

is there any limitation in sending DHS 7001 to ombudsman?

Because i already sent this form twice and no response so far. Should i send it third time?
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vactorboy29
10-09 02:33 PM
Thank you guyes.I am trying to get hold of there chicago office but no luck so far.
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sbabunle
05-06 01:03 PM
No one can predict at this point of time. The optimism
is thinning every day. So far nobody could come up
with anything that is agreeable.

Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....

So my friend I'm scared to hope on immi
sector. Good luck to you

-babu
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deepakd
07-09 11:38 PM
My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

Regd experience, I dont know if USCIS calls an employer.


Well, USCIS would/may call the person who has given the reference.
It may be very well be possible that this particular person is currently working for a different company.
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ronhira
09-16 08:09 AM
I had to go through secondary inspection which took about 20 minutes at JFK.IO only verified and stamped AP. No other documents were requested. To be on safe side, I carried Pay Stubs, Education Documents and Office Identification card.

thanks urpal..... i'm juggling between possible approval of aos, pending ap application, planned trip outside the country and ac21.... u'r notes r helpful for me.....
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Rajkrish9
10-31 11:31 AM
Public can enlighten their experiences..

Thanks in Advance.

Raj.
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chanduv23
09-16 12:53 AM
I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!

These posts matter - people are not like you or me - a lot of them gave rude answers during the phone campaign
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GCeffect
10-10 03:10 PM
My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

When should i have to renew my AP?

How long does it going to take?

Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

Your answer is always appreciated

Thanks Ahead



EB3...ROW
PD May 2006
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willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.

In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.









Hi all

When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.

My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)

Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.


I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.


Any one got similar emails......
__________________
Thanks
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gconmymind
02-29 01:00 PM
Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.
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logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

Would my transfer affect my 485 processing. If yes, is there a solution?


GUYS: Do not advise if you dont know AC21 portability for sure.

To CanadianIndian:

No. Nothing will be impacted. You can move to a new location.

During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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RDB
12-02 08:24 PM
Don't get excited too soon :)

I saw the following message when I logged into the USCIS case tracking system.


* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.

I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07

This LUD was after more than a year. Hope Jan bulletin brings some movement.
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rocky17105
07-29 11:19 AM
of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.

I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
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malaGCPahije
08-11 11:05 AM
trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

The limitation is that we can have maximum of 10 entries in a polling!!!

Not sure if the core have more options.

Trueguy's poll ends at "before Jan2004". Your poll starts from Jan 2005. I am Nov 2004 and do not fit in either :-).
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met3259
07-18 04:53 PM
heh..heh.. i guess you're wrong :cool:

my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing

so i can prepare myself mentally how long i have to wait for GC :o

No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.

Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system

Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
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ck2009
06-19 12:17 AM
Hi,

I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.

Following are the context from the RFE document.
---------------------------------------------------------

U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:

Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.

Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.

Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.

For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.

If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
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Dhundhun
06-14 03:07 PM
Hi Guys,

For those who applied for EAD using eFile, please post information on supporting documents you sent.

Any other info on post-eFile of EAD is welcome.

Thanks.

This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
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