Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
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lost_in_gc_land
01-31 01:26 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
ajm
03-24 10:49 AM
Don't the per-country limits apply to the total number of immigrants (all categories of family and employment preferences) from a country? If so, it is incorrect to say that there will be only 4350 visas (10% of 15% of 290,000) available in each EB category for any one country. The correct reading, in my opinion, is that no country can get more than 77,000 immigrant visas (10% of 480,000+290,000) in any year.
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NKR
07-18 12:18 PM
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Except us...
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Except us...
more...
bsbawa10
09-06 03:30 PM
Many thanks Americandesi, a very nice list. I want this to keep building up. If we can have specific instances with dates and individual experiences, it can help a lot. Please post
GCBy3000
09-09 08:49 AM
Add you have to be logged in message somewhere in the top. Many members does not know that they have to be logged in to participate in the poll.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
more...
eastindia
05-10 10:54 AM
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
4-5 years is nothing. I have seen people pending 9 Years in EB3 India.
4-5 years is nothing. I have seen people pending 9 Years in EB3 India.
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vparam
05-31 05:03 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
140 AP - august 2005
485/EA/AP - sent it out today
more...
go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
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redcard
09-27 12:07 PM
Today morning�s market place on NPR had a feature on the shortage of qualified technical professionals in US, mainly because of the shortage of qualified American Professionals and difficulty in hiring foreign professionals. This discussion was in reference to a labor department report with regard to the new job creation. There was a mention that the oil and gas sector is also facing very high shortage of qualified and experienced technical since US had no major expansion in this area in the last decade as a result of which getting experienced professionals has become more difficult.
I also found this news article which also mentions the same thing.. may be it will help to bring this to notice of the lawmakers..
http://www.mercurynews.com/mld/mercurynews/15618901.htm
""
``We think the growth could be much higher,'' said Josh James, AeA senior manager, research and industry analysis, who contributed to the report. ``Numerous tech companies are having a difficult time finding qualified workers, both because fewer U.S. kids are coming out of universities with science and engineering backgrounds and companies are having a more difficult time hiring foreign nationals because of the visa process
"
Iam sure if nothing else.. it will help the H1 Cause...:)
I also found this news article which also mentions the same thing.. may be it will help to bring this to notice of the lawmakers..
http://www.mercurynews.com/mld/mercurynews/15618901.htm
""
``We think the growth could be much higher,'' said Josh James, AeA senior manager, research and industry analysis, who contributed to the report. ``Numerous tech companies are having a difficult time finding qualified workers, both because fewer U.S. kids are coming out of universities with science and engineering backgrounds and companies are having a more difficult time hiring foreign nationals because of the visa process
"
Iam sure if nothing else.. it will help the H1 Cause...:)
more...
bluekayal
10-22 07:49 PM
OK. mystery solved. The IIO from TSC I spoke today, said everything is in order, and perhaps there was an inputting error. I'm relieved, and yes, my case is preadjudicated.
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pappu
10-02 05:35 PM
done
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
more...
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makemygc
09-16 12:24 AM
4th thread by Chandu.......do administrators not monitor this?
Is andy garcia and andy_8214 the same? Just wondering:rolleyes:
Is andy garcia and andy_8214 the same? Just wondering:rolleyes:
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MCQ
08-07 05:20 PM
Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
more...
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ar
02-04 06:07 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
Who were you talking about
Who were you talking about
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belmontboy
05-20 01:11 PM
If you win, her husband will be after you...:D
i don't think so.. he is one busy pilot :D
i don't think so.. he is one busy pilot :D
more...
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malibuguy007
10-01 08:25 PM
Thanks eb2 - the IV community appreciates your generosity
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nileshup
09-25 04:50 PM
I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
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prasadn
01-07 04:10 PM
Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.
Hope this helps.
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.
Hope this helps.
sjhugoose
January 6th, 2004, 12:48 PM
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
crazy_apple
04-26 01:48 PM
Hello, since this is a thread on Canadian PR - I wanted to know if anyone had been through a similar situation.
I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.
My questions are:
- Will the Canadian immigration officers ask why I am making the trip to Canada?
- Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
- Do I need to apply for a travel permit, even though I have the plastic PR cards?
Your input will be appreciated.
Thanks!
I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.
My questions are:
- Will the Canadian immigration officers ask why I am making the trip to Canada?
- Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
- Do I need to apply for a travel permit, even though I have the plastic PR cards?
Your input will be appreciated.
Thanks!
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