Saturday, June 18, 2011

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  • ganguteli
    06-12 06:40 PM
    Hi, Now what are my options going forward and how does this affect my chances of a successful SPERM filing ??


    Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D




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  • gc_chahiye
    07-29 11:42 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p

    similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!




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  • toprasad
    06-11 07:43 AM
    I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.

    I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.




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  • krishnam70
    03-13 05:23 PM
    but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

    Who do i complain to in this case?

    Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.

    Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.

    - cheers
    kris



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  • saravanaraj.sathya
    07-31 10:08 AM
    I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.

    a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.

    b. Do big companies like Infy, Wipro do this?

    c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..

    Please reply with ur inputs.




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  • seekerofpeace
    07-20 08:12 AM
    I asked my lawyer specifically about this W2/bank statement/tax forms etc...All he needed was a employment verification letter.

    He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.



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  • JunRN
    05-05 10:09 AM
    To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.

    Better yet, if they will include filing of i-485 even if PD is not current.

    The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.




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  • Libra
    08-10 02:58 PM
    thanks another_one



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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




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  • senthil1
    04-15 01:31 PM
    US Citizenship is valuable. Never ever think of cancelling it any time. There are plenty of jobs available in USA for skilled programmers. Only thing is patience and perseverence in your job hunt.I do not want to comment your removal of job as there might be multiple reasons not necessarily skill. There are some jobs which require US Citizenship those will have less compettion. Also you need train yourself for the skills which are hot in the market. Job hunting is always challenging even if you have excellent skills and market is good.

    In India also US citizenship is valuable as employers will give some preference as you can travel USA and some other countries easily.

    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.


    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby



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  • feblc2002
    02-03 04:45 PM
    Congratulaions ivar. I guess your dates became current couple of months ago. It took so long for them to approve it ? Could you please give some details on when you got approval notification?




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  • bkarnik
    04-20 05:29 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?

    When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.



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  • hpandey
    06-07 11:27 AM
    Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm

    But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...



    Thanks a lot again i will contact DOL @ the earliest


    Why are you writing as if you are writing a text message ? Are you writing from a computer or your phone ? I have a doubt about your authenticity. When did you come to US. Is this your first employer ? If you are not new you should be knowing the answers to all these questions ..




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  • bmoni
    12-22 12:59 PM
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



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  • Saralayar
    07-09 01:39 PM
    Buddy,
    Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.

    GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
    Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:




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  • e-sarbak
    09-24 04:08 AM
    all of them are very well



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  • checklaw
    07-13 10:44 AM
    My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.

    Hi Chandu,
    A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
    BR
    checklaw




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  • GCNirvana007
    04-08 06:26 PM
    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D


    Thanks. Hope you get GC soon as well.




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  • ujjvalkoul
    01-18 10:23 AM
    Do the Primary Applicant and the Spouse both need to take this Test??




    shikra1
    11-10 03:33 PM
    Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

    FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)

    Again quoting from the monthly visa bulletin:

    "Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."




    himu73
    07-13 03:43 PM
    BEst of luck to you all for the rally. Take lots of photos. Who is arranging video cameras,digital cameras from IV.

    NJ member



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