Tuesday, June 14, 2011

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  • freedom_fighter
    01-15 09:22 AM
    anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.

    How long does it take to get the actual card after approval notice is sent.





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  • admin
    03-28 06:03 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.

    posmd,

    If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.





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  • dpp
    07-11 11:06 AM
    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.





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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.



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  • ikass
    05-29 08:35 AM
    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?





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  • Gravitation
    06-22 10:01 AM
    There are not enough numbers in the house to pass CIR. It may be pushed in Senate for political reasons and may pass easily, but there's no such hope -whatsoever- in the House.
    If CIR is to ever pass, 2009 is the best year.

    So, there's no hope of passing in what could the best possible year for CIR! Am I the only one to whom it all sounds very ominous?



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  • vikram_singh
    07-27 01:02 PM
    Wow, never thought you people would like it:-)
    Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.

    You can also leave feedback at http://immisearch.blogspot.com/

    -Vikram





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  • ss1026
    07-06 11:43 AM
    YOu are correct. If you have an approved I-140, you get
    - 1 year extension if PD is current
    - 3 years if your PD is not current



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  • isantem
    08-05 01:02 PM
    EB-3 no longer depend upon your place of Birth.

    :confused::eek: this is a new law by president paulinasmith?:D





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  • reddymjm
    05-21 04:48 PM
    Though NSC says Feb18th for EAD my sister who filed on MAR 2nd got her approval last friday so it is less than 75 days.



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  • mrajatish
    09-17 12:11 PM
    Oh one more thing I want to add - I do not know of a anyone who have kept the same title and the same job description for more than 5 years(other than doctors :)), have you guys heard of any? This is more scary as you wait for 7 years and then get laid off and then start from scratch again. At least, with family based, you will get GC after 10-11 years.





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  • cagedcactus
    05-04 06:57 AM
    As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
    thanks.....



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  • InTheMoment
    06-16 04:50 PM
    I guess the initial question my miguy still remains unanswered.

    His question was about the validity period of the card and the start date of that validity period that is printed on that card and not the date when you activate the EAD status.

    any answers there ?





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  • GCHope2011
    08-10 02:17 PM
    I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

    Thanks.
    It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.



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  • pappu
    11-14 02:27 PM
    Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian
    ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.





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  • joydiptac
    11-18 05:52 PM
    Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.

    Hi,

    Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.

    Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.

    All the best,

    JC



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  • theperm
    08-08 06:40 PM
    where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D





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  • diptam
    06-10 10:23 PM
    The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

    EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

    Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

    And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.





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  • namm80
    01-10 08:47 PM
    This rep is pretty much saying what i said in my previous posting. But don't rely too much on what any rep says....call again and u will get a different unrelated reasoning that will confuse the hell out of u....:)

    It's a sad state of affairs.

    My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP





    sandeep77
    03-20 05:53 PM
    bump





    IN2US
    07-26 05:23 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    That is correct.



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