BMS1
11-08 01:17 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
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rubinop
04-15 12:39 PM
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
ss2005
08-05 09:00 AM
In the October 24, 2007 USCIS HQ Stakeholders Meeting, the USCIS gives the following answer:
Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.
Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.
2011 purple wallpapers.
anil
06-14 10:40 AM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
more...
Madhuri
07-11 11:02 PM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
anandrajesh
05-04 01:56 PM
wellwishergc..
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
more...
gc_chahiye
08-05 11:01 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
did your friend then file a MTR?
did your friend then file a MTR?
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skd
01-09 09:13 PM
jayleno, are these Co-worker and Other friends, Do all 4 have GC's ?
more...
mrdelhiite
08-08 07:59 AM
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
Thank you.
-M:)
Thank you.
-M:)
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mmrao2007
07-30 03:14 PM
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
more...
sapota
01-02 02:51 PM
One of my friends with a Phd in EE had to do something similar at Chennai consulate and had to wait for like a month. I guess Phd + research might trigger such paranoia among Visa officers.
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ram112
09-03 03:52 AM
gc approved on sept 1.
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mzdial
March 15th, 2004, 01:37 AM
I'm guessing this topic was spurred by my post about the cameras I carry.. :-)
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
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saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
more...
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nhfirefighter13
October 22nd, 2005, 08:00 PM
I like the second shot a lot. Nicely done.
I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.
The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.
One thing I've noticed about studio product shots is that the most difficult part is finding the props to support the atmoshere of the photo...and then arranging them in a pleasant fashion. I've still got a lot to learn in that department.
I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.
The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.
One thing I've noticed about studio product shots is that the most difficult part is finding the props to support the atmoshere of the photo...and then arranging them in a pleasant fashion. I've still got a lot to learn in that department.
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serg
10-30 08:47 PM
You can start working on EAD now and wait for the H1 approval to come through.
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
more...
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myeb2gc
02-24 08:43 PM
Hi myeb2gc ,
You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?
Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?
Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
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chanduv23
11-09 09:36 PM
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
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vinzak
01-07 12:10 PM
waitingwaiting, may you could change the subject of this thread to something like "Bill to move DV numbers to EB!!!". It'll probably get more attention.
kminkeller
03-09 04:17 PM
Thanks guys. Thanks a lot for all these information.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
ujjwal_p
06-10 02:19 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.
**- This is not legal advise.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.
**- This is not legal advise.
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