eb2dec2005
02-24 03:01 PM
I did not see any updates on my I140 but just the update on my already approved H1b case.
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
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dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
logiclife
03-22 04:34 PM
Loss of country soft cap quota is intended and not an error. The hard cap ensures that the newly created EB 5 applicants get all the usused visas and to keep EB 5 well-supplied, the numbers are being drained from EB 1, 2 and 3.
All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.
Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.
The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.
All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.
Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.
The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.
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panchotronera
08-12 09:20 PM
Mu I140 was approved back in May /07. I got a LUD today bit I don't know what it means. I have the receipt notice of my I485. I also got LUD on my I131 for me and my family.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
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eb3_nepa
01-15 11:29 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
Coz the illegals are already HERE and form a GREAT voter base. These are people who are not very educated (most barely have any education), they band together and can be easily influenced. That makes them an EXCELLENT source of future votes. Educated folks like us can see through the nonsense that politicians promise. Also it is a simple numbers game: LESS than 1 million legal immigrants v/s 13 million Illegal immigrants.
Do we still wonder why?
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
Coz the illegals are already HERE and form a GREAT voter base. These are people who are not very educated (most barely have any education), they band together and can be easily influenced. That makes them an EXCELLENT source of future votes. Educated folks like us can see through the nonsense that politicians promise. Also it is a simple numbers game: LESS than 1 million legal immigrants v/s 13 million Illegal immigrants.
Do we still wonder why?
gc genie
12-30 10:45 AM
bump
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anai
04-16 07:59 AM
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
One can only hope for the sake of the spouses concerned that no one else is in "the same situation."
IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
One can only hope for the sake of the spouses concerned that no one else is in "the same situation."
IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.
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antony
03-25 10:18 AM
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
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DareYouFireMe
02-19 12:29 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
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jonty_11
08-02 11:53 AM
take a vacation....there is nothing u can do abt it!!!
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perm2gc
11-15 11:31 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
hot Border
javacool2008
09-17 01:07 PM
The fees nearly tripled, and the services we received are worst than ever. Ain't we the customer to USCIS or it is the other way around. So we pay to get abused and we pay more to get abused even more.
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Britsabroad
March 6th, 2004, 08:50 AM
Reminds me of a Nautilus shell cut in half - great shot. Id also be very interested to see what you are able to get with your tripod from different angles
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rajev_kk
06-19 09:14 PM
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
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watzgc
05-27 05:29 PM
my receipt date is Jul 14th 2007 , got RFE Mar 09th 2008 and replied to RFE Apr 09th 2008 and still waiting.... wat say with u all waiting just 4-5 monts.. thanks,
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amaran18
08-13 04:23 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
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bindas74
02-05 12:33 PM
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
Hi Prasadn,
Thanks for the reply. That sucks if I have to pay again::((
I read somewhere that if we apply with the latest fees, we dont have to pay again.
Can any one else please confirm?
Regards
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
Hi Prasadn,
Thanks for the reply. That sucks if I have to pay again::((
I read somewhere that if we apply with the latest fees, we dont have to pay again.
Can any one else please confirm?
Regards
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Humhongekamyab
08-13 10:59 AM
This thread should be deleted. Not related to our cause.
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mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
krishmunn
04-08 11:42 AM
Hi
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
No. There was no VISA denial.
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
No. There was no VISA denial.
ushkand
08-14 11:48 AM
I have an LUD of 08/05/2007 on my 2006 approved I-140. I was hoping, like so many of us, that it meant CIS was entering my 485 in the system. But looking at the trend, it seems like CIS may only be gathering data on how many approved I-140 are currently in the system and make projections/plans for future work load etc.
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