webm
11-21 08:53 AM
Hi Mehul,
I pray for you and your family..Hope your 485 thing for your wife gets resolved..
Believe in life!!
I pray for you and your family..Hope your 485 thing for your wife gets resolved..
Believe in life!!
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rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
feedfront
08-26 03:39 PM
Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.
Did you get transfer notice? What's receipt date on transfer notice?
I've everything on my I-485 and transfer notice but PD is missing because it was not filed concurrently with I-140.
I-485's receipt date is Jul 30, 2007, notice date oct 11, 2007
Transfer notice for I-485: receipt date is Oct 10, 2007 and notice date: Oct 12, 2007.
Both has same A#, and receipt#.
Did you get transfer notice? What's receipt date on transfer notice?
I've everything on my I-485 and transfer notice but PD is missing because it was not filed concurrently with I-140.
I-485's receipt date is Jul 30, 2007, notice date oct 11, 2007
Transfer notice for I-485: receipt date is Oct 10, 2007 and notice date: Oct 12, 2007.
Both has same A#, and receipt#.
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rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
more...
krishna.ahd
04-20 09:12 PM
I currently have a job offer from the client .
My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR
My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.
Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?
Help me out as I have to decide on the offer by weekend.
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR
My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.
Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?
Help me out as I have to decide on the offer by weekend.
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
knnmbd
05-03 12:39 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
more...
imconfused
07-03 11:41 AM
Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.
Others - I have sent the flowers to be delivered on 9th July Monday.
Good to see people getting instigated with these messages. Reverse psychology? India Shining? I am also you khet ki mooli... I am also Bol Bachchan ... hehehehehehehhhehheheee ... tu bhadak gaya yaar... yehi to india maar kha gaya... As they say, truth is bitter. :)
Go Figure
Others - I have sent the flowers to be delivered on 9th July Monday.
Good to see people getting instigated with these messages. Reverse psychology? India Shining? I am also you khet ki mooli... I am also Bol Bachchan ... hehehehehehehhhehheheee ... tu bhadak gaya yaar... yehi to india maar kha gaya... As they say, truth is bitter. :)
Go Figure
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gccovet
02-09 02:43 PM
Thanks Akhil,
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Thank you Chantu, good luck for job, I hope and pray you get it soon...
11 contriburotrs so far.. total=353.00
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Thank you Chantu, good luck for job, I hope and pray you get it soon...
11 contriburotrs so far.. total=353.00
more...
desi3933
07-10 02:31 PM
@desi3933:
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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BharatPremi
03-26 04:55 PM
This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.
All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.
USCIS deliberately can do many things and is doing. It can transfer files from one center to ther and inroduce the delay. During July 2007 fiassco, many members of IV experienced that files were flying between nebraska and california centers without apparent reason. If you have followed processing dates in past you would surely have obeserved dates not moving at all for months. Does that mean nobody was working at USCIS at that time? No.. What it means - " We have heavy work load and we want to go in particular direction and so we are delaying" - in terms of USCIS. In our interpretation - USCIS does not work and want us to rot forever.
All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.
USCIS deliberately can do many things and is doing. It can transfer files from one center to ther and inroduce the delay. During July 2007 fiassco, many members of IV experienced that files were flying between nebraska and california centers without apparent reason. If you have followed processing dates in past you would surely have obeserved dates not moving at all for months. Does that mean nobody was working at USCIS at that time? No.. What it means - " We have heavy work load and we want to go in particular direction and so we are delaying" - in terms of USCIS. In our interpretation - USCIS does not work and want us to rot forever.
more...
anzerraja
07-19 07:01 PM
Pledging $200.
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sanhari
07-19 02:23 PM
I agree with you vin13, remove country quota or by number of years we are legally here in US.
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
more...
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romeshtrisal
09-10 08:31 PM
My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
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stillhopefull
09-18 05:12 PM
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
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tiny
11-19 01:14 PM
Done
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MightyIndian
10-01 05:22 PM
WAC means CSC?? We applied on July 23rd at NSC and no news yet:(
YES
YES
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hiUS
09-03 12:20 PM
I am in the same situation
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?
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flresident
08-21 06:21 PM
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
Card Received by mail : Aug 21st,2008 ( valid for 2 years)
Whole process took around 2 weeks.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
Card Received by mail : Aug 21st,2008 ( valid for 2 years)
Whole process took around 2 weeks.
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desi3933
07-08 04:00 PM
.....
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
sanjeev
06-18 10:45 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
sc3
08-18 06:50 PM
Ok, bear with me here.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
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