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  • eb3_2004
    10-30 01:25 PM
    How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?





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  • krupa
    07-09 12:29 PM
    DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!





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  • EB3Ind
    08-20 01:25 PM
    It not a computer glitch for sure. As the explanation goes like this:

    we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
    Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.





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  • roseball
    07-20 05:02 PM
    I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

    I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
    When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.

    Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...



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  • Alabaman
    06-22 03:05 PM
    IV core team itself is not active these day.

    Some people started a group, created a web site, featured on several news shows and have been flying miles to meet with powers that be. Some other people just joined the group by logging in from their website and all they can do is say that the first group as been inactive. Thats funny.





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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!



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  • anuh1
    03-25 03:02 PM
    You need to go before filing labor in order to be eligible for one year extension.





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  • Green.Tech
    08-03 12:10 PM
    Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.



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  • eb3_nepa
    08-02 11:54 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

    Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".





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  • Ann Ruben
    03-19 03:21 PM
    There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.

    Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...



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  • laborchic
    10-06 11:39 AM
    Its an honor to have such prestigious members on IV Advisory boards..

    Great to know that we are in good hands..





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  • gumpena
    08-02 04:47 PM
    Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.

    Greg has picked this from ..
    http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf

    and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..



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  • supu
    12-05 08:14 AM
    Vishwak,

    Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.

    Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...

    If u dont file CA21 , just make sure , u dont leave and re-enter usa.
    U may expect trouble at the airport.





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  • willwin
    02-17 12:37 PM
    The new PW system seems to be taking about 4-5 weeks, not months.

    Have you or your org. got any PW responses in 4-5 weeks?



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  • apahilaj
    09-28 01:41 PM
    Hello Guys,

    Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

    I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

    Thanks.





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  • caca1225
    12-28 08:01 PM
    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.

    Just because the CIR has a little be help to current H1B holders for EB cap exempt to immediate relatives of applicants , that doesn't make the bill a skilled-worker friendly than illegals friendly bill it supposed to be. Think about all these legal immigrants in order to get their green card, they would have spent more than 20k out of their pockets while the CIR only required $500 fine to get these illegals back in line with us, let alone the metal struggle to the long waiting nontransparent process. I'd rather not having this "benefits" than have to be forced to pay my hard earned money toward illegals' health, food stamp, education etc. Besides, after 6-years period finished, who knows if the cap to GC to all these illegals are shared with H1B? Let the free market eliminates US if that's what they're asking for. I can care less if I can get my GC or not while there're plenty of countries will welcome us skilled workers.



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  • GCOP
    11-08 07:17 PM
    245i applicants ( the people who were out of status) were allowed to file for adjustment of status under LIFE ACT of year 2000 passed by congress. There were no additional Immigrant visas approved for these applications and they are being issued visas from the regular quota.
    Following is the link for LIFE ACT
    Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)

    We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.

    EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
    WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).





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  • number30
    09-27 03:40 PM
    My Priority date is Jun 2006 and applied in EB3 category.


    Are you sure it is an approval?





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  • gulute
    09-16 02:57 AM
    The major grievance of people on H1 was their spouses cannot work and when the ruling came into effect that the time spent on H4 will not be counted and a new 6 year term is possible, H4s massively applied for H1, and this year�s H1 quota was over on the first day itself and then the lotto! Now when the H1 is approved they are too chicken and do not want to work!

    They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!

    So far two, any more in the same situation! :confused:

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.





    acecupid
    08-05 09:39 PM
    http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/uscisdotgov_mockup_28july09.ai.pdf





    webm
    10-01 12:04 PM
    burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?

    In this case is it not their duty to send FP notice and reason for not approval delay?? Its really a crazy situation esp during one's PD current and visa's available before its U or retrogresses...:( Damn CIS..



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