GotGC??
02-20 04:48 PM
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx
Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx
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raysaikat
04-22 01:36 AM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.
3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.
b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.
3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.
b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.
chapper
11-08 12:54 PM
From the pdf:
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
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ujjwal_p
03-26 03:40 PM
just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...
First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.
On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.
First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.
On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.
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solaris27
02-24 01:26 PM
i don't know but he put it there
keerthi
04-04 04:28 AM
So should we withdraw the appeal and re-file? Would that make sense at all?
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waiting4gc02
02-21 10:07 AM
Guys:
Does anyone know why the Service Center Processing still shows as of
Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!
I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?
Thanks
Does anyone know why the Service Center Processing still shows as of
Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!
I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?
Thanks
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chanduv23
03-03 12:12 PM
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
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rubinop
04-15 01:46 PM
You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
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kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
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ryan
02-03 04:09 PM
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
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walking_dude
11-27 09:25 PM
Let us do E-mail all our friends. We need all the support we can gather.
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hydboy77
04-27 09:59 PM
a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.
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americandesi
10-29 06:25 PM
and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?
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meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
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Berkeleybee
04-07 11:50 PM
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.
And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)
Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.
And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)
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chantu
06-15 10:45 AM
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
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insbaby
11-12 08:12 PM
If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
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galacticman
03-06 07:30 PM
Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
rajsenthil
09-16 05:21 PM
Done.
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
- JK
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
- JK
truthinspector
01-28 08:12 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
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