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Dear all

First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

Sorry i confused u all...here are my GC Filling details:

LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO


So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

I guess the best option for me is to

** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days

then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

More suggestions and opinions??? :o


Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

Pls advise

Sky

They might return urs , simple.
:confused:
Could you answer this? We applied in march for 140/485. I have EAD, AP and FP done.The problem is that I don't remember seing the I-140 application among the papers we had to sign, and nothing just for my husband to sign, which would be normal, since he's the primary applicant. I thought at the time that I-140, being thru the employer doesn't have to be filed personally? Do you think it's possible the I-140 was accepted by mistake without the signature or should I enquire more and maybe my husband signed it at work and doesn't remember?
Thank you

I had this experience before in Pennsylvania, same single bed room, had a PC, fridge, thats pretty much it...

Apartment management said, check with power company. Power company said the apartment have insulation problems. There are quite a few reasons why this may happen..

1) Location of apartment, corner, ground level
2) Old equipment, like washer/dryer, bad insulation
3) Normally in northern states winter power rates are more almost 2.5 times....

the highest i got was $350 dollars at that time, that was in 2004....

Take one by one and try to answer properly.

1. What is CIS is returning visa #'s to DOS.?

There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

2. How USCIS and Consulate can report unused Visa #'s?

You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.

All these Visa #'s are reported back

3. To me around 20000 such numbers are available for this years quota

4. Can my applications sneak into this #?

Answer is uncertain.

If your have an old priority dates then probability is high

If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

5. What would August VB have?

If they do not approve any July2 filling then here is what they will do

a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD

They are making a decision fast, that the reason Aug VB is not yet published

6. Will USCIS reverse the new decision?

Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

7. How about Law suite?

:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

State--> Immigration --> Justice are all same with different names.

I have no hope from this process. It's just building a fake hope.

8. People are still filling the application.

Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

There is no guarantee that you will process your application from XYZ law firm in Oct.

If you file now through them, you are bonded with him until you hear some good news from CIS.

There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


I dont think whatever you are saying is true...

State--> Immigration --> Justice are all same with different names.

Please be careful while you post since lot of people are viewing it.

All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai

(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.

this is a hot topic right now..!!

many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

In no way,this situation can be treated as a substituted labor...

So may I take it from this thread, bottom line that we cant do it..

thanks, it worked.

guyz,

Did I make sense in my previous post...suggestions plz...thanks...

Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.

1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.

If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

If you are out of university and company A's H1 is not valid, you are out of stats.

Please check with attorney asap.

I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

Thanks,

India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;


My friend,

Donot get angry, its not personal to you...but for the action.

Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.

Sorry to say these words to you, please donot mind and not take it personally.

Be happy at least and spread some joy in community.

See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f


Please donate some time, money to IV...if not some cheer at least.

That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

I read a poem by V.Sundaram about our incompetent do nothing PM of India (


We have a �powerless� Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.

Why should I know anything,
When my supreme �Secular� leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(

I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?

Yes. One can be on PR till the last day on earth provided fulfilling all obligations as PR. One does not have to be a US citizen.

If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.

(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)

Still I was confused. I got I-140 Approval, I have a benificiary no,
Can I use it in my I-485 application at A# and in my Wife I-485 application?

This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.
Precisely my point...why are we enabling anti-immigrants with material to lobby against us....And that is why I raised the question of bringing the issue here....

But I appreciate the insight alterego had to share...it was insightfull and very educative...thxs for sharing a different view...

Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
Thanks for replying...

I have already renewed my passport in April 2010 and corrected father name ...

I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.

Thanks for that. Yeah, that's what I meant! Edited my OP.

Hi Bheemi,

Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.

Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)

Thanks

FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.

do we know how much it is for this year?

Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.

Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?

hope somebody has the answers for these questions.