wonderlust
09-27 04:28 PM
Early Sept. I finally got July 2nd filing receipt. I realized that my packet has traveled all the way to CA and then back again at NSC!! then last weekend Sept 15, I got an email notice that my case is back at NSC AFTER I have received a hard copy notice about the transfer...
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
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abqguy
06-18 02:43 PM
Let me know when you have the action item for us. Thanks snathan.
mammoy2k
06-05 03:43 PM
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
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.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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gcgreen
08-15 12:53 PM
To my knowledge, bench non-pay violates H1B rules. If you are on H1B you are required to draw a salary every month.
I do not know if bench non-pay violates AOS pending status.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
I do not know if bench non-pay violates AOS pending status.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
more...
gc_check
11-03 08:53 AM
Possibility of CIR happening diminishes each day passing by and as always every one acknowledge Immigration Reform as an important issue, but the reality, it is not as important as the other issues, economy, jobs, housing crisis, etc .
Only window the Democrats have to do something about CIR is in the lame duck session, but it is easy said than done and could cause a deep divide among the parties that already have a bitter relation. If not in lame-duck session, then nothing untill after 2012 election.. that pushes to 2013.
One of the promise Obama ran the first presidential election on was CIR and if none is done on that, he probably should write off the Latino votes, without which he cannot win again. Also getting a CIR through the Republican controlled house, that the Senate also agrees on -- don't think it will happen and well.. Also time now is to plan on re-election strategy for 2012 election for Obama and team.
Only slim chance is before this congress term ends and not sure, if they can get something through. There is a very slim chance it might occur.. but again Media and special interest groups could blow it up too...
Will have to see how it goes.. or if the blame game / finger pointing keeps continuing...
Only window the Democrats have to do something about CIR is in the lame duck session, but it is easy said than done and could cause a deep divide among the parties that already have a bitter relation. If not in lame-duck session, then nothing untill after 2012 election.. that pushes to 2013.
One of the promise Obama ran the first presidential election on was CIR and if none is done on that, he probably should write off the Latino votes, without which he cannot win again. Also getting a CIR through the Republican controlled house, that the Senate also agrees on -- don't think it will happen and well.. Also time now is to plan on re-election strategy for 2012 election for Obama and team.
Only slim chance is before this congress term ends and not sure, if they can get something through. There is a very slim chance it might occur.. but again Media and special interest groups could blow it up too...
Will have to see how it goes.. or if the blame game / finger pointing keeps continuing...
apb
09-05 06:32 PM
Venkey
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
more...
ramaonline
11-29 06:43 PM
From ILW:
FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
=======================
Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
- IV Team
FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
=======================
Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
- IV Team
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felix31
12-21 01:57 PM
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...
THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota
I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...
THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota
more...
indigo10
01-25 12:28 PM
This is not an accredited university. It has SEVIS permission though.
Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.
They can all happily screw each other on the island.
BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.
Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.
They can all happily screw each other on the island.
BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.
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BharatPremi
03-25 10:23 AM
I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
Thanks. Yes, that I certainly will have to do that. Any other areas need to be taken care of such as proof of financial audit reports for EB2 filer ? Or any other things...?
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
Thanks. Yes, that I certainly will have to do that. Any other areas need to be taken care of such as proof of financial audit reports for EB2 filer ? Or any other things...?
more...
mmj
04-27 12:55 PM
I guess since no one wants to do anything about their situation - we can all sit back and wait for another 4-5 years and hope that we get a green card at that time since that is the amount of time it is going to take most of us if nothing was to change in the current process. Good luck to ALL and Happy Waiting :)
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Jimi_Hendrix
12-12 01:23 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
more...
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howzatt
07-19 09:58 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
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aknynd
12-28 11:28 AM
Hi,
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
more...
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jonty_11
07-31 12:08 PM
raamski, dont post your receipt number, if you mention like LIN07xxxxxxx that would be fine. edit your post.....
Those ar enot Raamski's #'s...just randome guesses hemade and turns out its areal case number received in july 2007...
Those ar enot Raamski's #'s...just randome guesses hemade and turns out its areal case number received in july 2007...
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Sheila Danzig
04-19 12:48 PM
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
more...
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02-11 07:11 AM
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nk29
08-06 11:22 AM
I am not totally sure but this is how my husband earns his pdus..he is a volunteer in the local PMI chapter and he also presents some Project management papers. Also the local Chapter will have some monthly meetings or networking meetings where you can earn PDUs. He is also teaching PMI classes through the chapter. All these without any costs. So find a local chapter in your city and that should help you.
NK29
NK29
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masti_Gai
09-15 08:53 AM
a couple of my older broz friends make like $220 / hr:rolleyes:
rajmirk
05-26 01:26 PM
Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
rkanth12
09-10 12:02 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
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