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Tuesday, June 21, 2011

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  • p.guptapost
    06-07 11:44 AM
    I am in same boat. sent to lock box on 5/4.
    till now no receipt.





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  • Suva
    07-19 04:17 PM
    Excellent article.





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  • uslegals
    09-21 10:01 AM
    Stop polluting this thread..! Please stand on your respective street corners and voice your opinion...!!!





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  • coolduggar
    09-28 05:05 PM
    Hello All ,

    My application for i485 , i765 and i131 was recvd in Lincoln,Nebraska on July 23 , 2007. (Sent by my company's attorney on July 21) . I have been waiting for over 2 months for any updates or receipt notice but nothing so far . After reading some forums in this website , i called USCIS (number from USCIS website) and got my case escalated to an officer who asked my last name ,first name , date of birth and coutry of birth . He gave me all the three receipt numbers for AOS , AP and EAD . All the receipts numbers are starting with WAC meaning the cases were xferred from Nebraska to California Service Center . When i looked at online status of i485 case , it says the case is xferred to Nebraska since it is in their jurisdiction . The other two cases for EAD and AP are pending . I still have not recvd any receipt notices from my attorney . So , i guess everyone who is waiting for their receipt notices might want to call USCIS and get their numbers .



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  • ebizash
    07-07 03:11 PM
    Could you please explain this a bit. I am not sure if I am understanding this right.

    .

    My attorney prepared the EVL for my employer to sign. I have handed that over to my boss who has sent it to HR for review. This letter has lot of legal lingo and information related to my LCA and I-140 e.g.,

    "We acknowledge that, according to the Immigration and Nationality Act (8 U.S.C. �1154 and 8 U.S.C. �1182(a)(5)(A)), ............"

    "We acknowledge that <my name>'s immigration petition filed on <I-140 filing date> listed his job title as <my LCA job title> and <my name>'s current position is in same or similar profession...."

    So my concern is why would any employer sign this letter without knowing anything about my LCA, I-140 etc (I had changed job about 240 days after 485 filing). So my current employer may have issues signing this letter.

    But my attorney insists that this letter (in same format) needs to be signed in order to respond to the RFE. My thinking is that all this lingo and stuff related to LCA can be eliminated from the letter so that my employer is more comfortable signing it.





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  • GCBy3000
    01-04 09:56 AM
    I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.

    I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?

    If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

    Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

    I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

    You may want to check this part before accepting that promotion.

    For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.



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  • zoooom
    07-13 11:58 AM
    man..This seems like forever.





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  • permfiling
    12-25 02:05 PM
    I am in a similiar situation. My 485 was approved and my wife got her physical GC but I did not get mine. I took Infopass and the IO raised a SR. My case is from CSC to NSC. I got a response to the SR that my GC was sent and it might have got lost in mail and to file I-90. I called uscis customer rep, talked to 2nd level IO who mentioned that my card was never created and he will raise a SR mentioning the same.
    Today I got 2nd FP notice mentioning that I did not give FP for the first one (I gave FP ahead of the scheduled date and verified with FBI if my prints were uploaded or not) and to appear for FP on Jan 11th, 2011. I spoke with a IO on the day this FP notice was sent and IO asked me the date I gave FP and he mumbled some numbers and checked something in the system. He said he had fixed the issue and ignore the 2nd FP. He mentioned his name to me. I should have taken his extension as well. I hope I get the card now or else I need to take Infopass. I emailed nsscfollowup with the scanned copy of the first biometrics notice which has the stamp from the ASC last week only.

    I have n't contacted senators and congressmen yet and did not email the scopsscata yet



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  • prdgl
    05-24 11:10 PM
    True, Savage is not for us. He is unpredictable as someone mentioned above. Today, he was quoting from an article which mentioned about immigrationvoice. He was reading the plight of some Mahesh ... . He said to go to home country. All H1B's came on a big lie. Oracle who is lobbying for H1and Mr Gates are all greedy etc. He was going on and on.



    First, ask HIM to go back where he came from in 1939-1945 during Nazi regime. This land is not owned by anybody, this is a LAND OF IMMIGRANTS. No one is native anyway, so what the heck !!





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  • guyfromsg
    07-18 09:18 PM
    Based on the response to the rallies and the funds drive there are very few contributing memebers .Shall we restict the site for a one time registartion fee .So that people wont create memberIds on the fly ?

    A token amount of 20 bucks one time registartion works good

    Today If I look around this is the most useful site for legal immigants. I think one time fee of 20 bucks is a very good idea.



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  • prioritydate
    09-18 09:15 PM
    The reason is obvious. One less immigration visa if the kid is a citizen.





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  • ilikekilo
    06-15 12:03 PM
    jsut do it now man



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  • snathan
    08-17 12:35 PM
    If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.

    There is a little chance if you had 3+2 years degree and the labor was looking for Bachelor�s and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.





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  • lvinaykumar
    03-01 06:31 PM
    i will in chicago. Please add me into the state chapter



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  • lord_labaku
    01-11 12:15 AM
    I have been there. done that. As soon as ported labor applicant using AC21 moves on & finally gets his GC, his labor cannot be ported anymore; even though you filed to use his labor before he obtained his/her GC.

    Mind you, I used labor substitute not from a shady consulting company but from a reputed nasdaq listed company & had top lawyers appealing and proving my case. No use.

    I think AC21 & labor substitution fundamentally had these issues where they could not co-exist. Since labor substitution was prone to abuse anyway. It was done away with. Good riddance to bad rubbish I say. Just I had to spend 3 years in limbo. What can I say - only solace is that there are others who are worse of than me.

    Move on. Theres no point appealing this denial of I140.





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  • qualified_trash
    10-06 07:42 PM
    If he is going to start with new PERM. new I-140, he can port the old PD based on old I-140.
    I disagree based on the following:

    Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
    certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
    remain valid when an alien changes jobs, if:
    (a) A Form I-485, Application to Adjust Status, on the basis of the EB
    immigrant petition has been filed and remained unadjudicated for 180
    days or more; and
    (b) The new job is in the same or similar occupational classification as the job
    for which the certification or approval was initially made.


    note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs

    this is from the USCIS website

    http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf



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  • amitjoey
    05-22 06:21 PM
    Please use this:
    We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. So being illegal, not paying taxes will yeild you a green-card after 8 years of z-visa. How about many of us that have been subjected to endless waits, thousands of dollars in USCIS Fees, paying taxes for the last 8 or more years. Do we have to wait for another 8-10 years?. With the "grand-bargain" it does seem like it will be more years for legals waiting in line.
    I like to think that being illegal is better than legal as per the provisions in CIR!
    What do you think of H4-spouses who can't work whereas those illegal can now apply for a work-visas!
    What do you think of parents who were not issued visitor visas for silly reasons? Whereas those who by hook or crook got here are being given work-visas?
    How come the illegals are guaranteed a GC within 5 years and the current legal immigrants are NOT?
    How come the illegals can work and the legal residents on certain visas can't?
    How come the illegals can work for any employer while H1Bs can't?
    I am not against giving these benefits to illegals if that's how it needs to fixed. But what about us, the bright and good folks!!
    When did h1b become a joke?
    This grand-compromise is not making sense at all. It's smelling real bad for legal-visa holders.
    I would like to hear from you folks..





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  • rajeshalex
    08-14 07:47 AM
    count me too..
    Eb2 pd dec 04





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  • niklshah
    11-13 11:09 PM
    bump





    desi3933
    03-18 02:23 PM
    You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.

    You are right. Thanks for pointing it out.

    I missed change when I mentioned new/extension of H-1B. The statement should have been

    One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/change/extension of H-1B status after I-485 denial


    .





    WaitingForMyGC
    02-13 03:16 PM
    mine is 11/01/04 ...I searched in 2004, 2005 and 2006 databases, could not find either

    Guys any other place where we could dig this information. My application is also not listed in any of the database.



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