Green.Tech
06-19 01:57 PM
Bump.
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giri_tpt
08-21 12:36 PM
EB2 India
PD - OCT 2004
I140 AD: 12/18/2007
I485 RD - Aug 14th 2007
I485 ND - Sept 25th 2007
Status: Pending
Service Center: NSC
Last LUD: on 5/04/08 on approved I 140
PD - OCT 2004
I140 AD: 12/18/2007
I485 RD - Aug 14th 2007
I485 ND - Sept 25th 2007
Status: Pending
Service Center: NSC
Last LUD: on 5/04/08 on approved I 140
Sheila Danzig
12-12 08:03 AM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
Easygoer,
From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?
Also, could you let me know which month and year your appeal got cleared?
Thanks a lot for your help.
Easygoer,
From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?
Also, could you let me know which month and year your appeal got cleared?
Thanks a lot for your help.
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amsgc
08-06 10:04 PM
If you read the comments, this guy's application reached the USCIS on July 27.
http://www..com/member/anshu2007/
http://www..com/member/anshu2007/
more...
tselva
11-12 10:18 AM
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
more...
485Mbe4001
11-29 07:06 PM
yeah, i wish they had responded when the dates were current. :rolleyes:
After waiting for a long time my date becomes current, but then i find out that i am stuck in namecheck for the past 3 years. Now they will fix namecheck and i will wait till the PD becomes current again :p
After waiting for a long time my date becomes current, but then i find out that i am stuck in namecheck for the past 3 years. Now they will fix namecheck and i will wait till the PD becomes current again :p
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indyanguy
12-19 09:10 AM
filing of MTR does not give you status, once they accept it, yes you are in status again.
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
more...
yabadaba
05-22 03:43 PM
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
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kak1978
06-05 10:15 AM
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
more...
anandrajesh
01-31 10:14 PM
H1Bs approvals gets the government Millions of Dollar every year and if they can use the money to improve DHS there is no need for this addl price increases.
Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.
See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.
Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.
See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.
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ramus
06-26 09:03 PM
Yes lets corporate... Let me file first and then you can file it next... Do you think this will work? I really don't understand why everybody is coming with new thred and new idea about filing...Why can't we spend little time on what core member asks us to do.
Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
more...
house Petal and lily wallpaper
cellphone
12-13 03:53 PM
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
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paragpujara
12-18 01:36 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
more...
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MDix
02-11 03:19 PM
Thanks for the link . After reading the doc your analysis does make sense.
I am just confused that how they assigned 70K EB2 visas in 2008. Because EB2 share is
40k + 4k(EB1 left over)+? how many FB = 70k . So from above it looks like all FB leftover went to EB2.
Please clearify.
Thanks,
Mdix
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
I am just confused that how they assigned 70K EB2 visas in 2008. Because EB2 share is
40k + 4k(EB1 left over)+? how many FB = 70k . So from above it looks like all FB leftover went to EB2.
Please clearify.
Thanks,
Mdix
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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GC_Wait2002
05-14 11:11 AM
Hi Folks,
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
more...
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pappu
01-11 06:04 AM
Pls let us know if you have participated in the campaign:
http://immigrationvoice.org/forum/showthread.php?t=16506
http://immigrationvoice.org/forum/showthread.php?t=16506
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hpandey
04-24 11:40 AM
I would say another problem is getting the H1 stamped. Ever since they got rid of getting the H1 stamped within US we have to go out of the country to get it stamped and you never know how much time it is going to take. Now due to PIMS delays some people are getting stuck for more than a month and no one can afford such long holidays .
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
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trueguy
02-20 11:45 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
kosb
07-21 02:44 PM
Check Anti Antis: Conference call: To teach Antis how to post!!! (http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html)
Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm
Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."
So this confirms FIRMLY that antis and BusinessWeek are working in tandem against legal immigration reform. Sometime back.. I read that BusinessWeek is for sale.. by McGraw Hill (its parent company). I wish.. that sale happens soon and let common sense prevail. Probably they are trying too hard to shore up their subscriber base by evoking the last resort.. creating sensation with meaningless issues.
Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm
Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."
So this confirms FIRMLY that antis and BusinessWeek are working in tandem against legal immigration reform. Sometime back.. I read that BusinessWeek is for sale.. by McGraw Hill (its parent company). I wish.. that sale happens soon and let common sense prevail. Probably they are trying too hard to shore up their subscriber base by evoking the last resort.. creating sensation with meaningless issues.
H1bslave
06-24 01:26 PM
surprising there is no update at all for us so far:confused:
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