muthukmk
08-03 06:01 PM
To pd_recapturing
My I140 was approved after I filed my 485. Can I still use interfiling?
My I140 was approved after I filed my 485. Can I still use interfiling?
kesha sebert. kesha sebert photo
snathan
05-23 06:15 PM
Here is Ron's reply for the questions/concern
Hi Ron,
Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.
If we give the case number and employer name, would there be any impact/side effect ?
I will keep you posted and thanks a lot for your time
===========================
Reply from Ron:
All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.
Hi Ron,
Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.
If we give the case number and employer name, would there be any impact/side effect ?
I will keep you posted and thanks a lot for your time
===========================
Reply from Ron:
All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.
kesha sebert. Kesha Sebert
amsgc
11-26 01:34 AM
Cygnet,
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
kesha sebert. Kesha Rose Sebert is more
Better_Days
03-03 02:30 PM
Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
more...
kesha sebert. kesha sebert animal
ak_2006
04-30 06:08 PM
5:30 PM: Shumer concludes the hearing saying that it's not going to be easy, but I think we're going to get something done. Thank you.
kesha sebert. kesha sebert fashion. 59378064
glus
11-06 01:49 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
more...
kesha sebert. Now is definitely Kesha#39;s
ghost
07-19 08:48 AM
Yes, I checked and we are approved all the way.Just waiting for the consular processing date to get our Green Card.
So can my wife quit her job? I dont understand why she couldnt if our case is already approved...
If you are approved all the way then did you receive an EAD card?
So can my wife quit her job? I dont understand why she couldnt if our case is already approved...
If you are approved all the way then did you receive an EAD card?
kesha sebert. Kesha Sebert in Haleh
hkimmi
09-25 03:31 PM
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.
Gurus please confirm this �, I hope lot of people might be waiting to hear this �
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.
Gurus please confirm this �, I hope lot of people might be waiting to hear this �
more...
kesha sebert. Kesha Sebert
pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
kesha sebert. Kesha+sebert+the+simple+
kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
more...
kesha sebert. Kesha Sebert photo
tikka
07-19 01:38 PM
http://digg.com/world_news/How_Skilled_Immigrants_Found_a_Voice
kesha sebert. Ke$ha Sebert
ns33
06-10 12:21 PM
Hi Everyone... sorry for cross posting. My original post was in other thread at http://immigrationvoice.org/forum/showpost.php?p=346646&postcount=37 but it seem to have got lost under radar and the thread title was kind of misnomer for my question.
Anyway, I have prepared my EAD renewal forms for paper file. i am not sure what documents to attach.
The official I 765 instruction seem to ask for only copy of previous EDS (Front+ back) and photographs.
Do i need to add anything other than this?
Top of the previous EAD mailers maybe?
Also, if I am sending forms for me and my wife in the same fedex envelop, can I combine the payment in one check or do I need to attach separate check for each application packet? Also, who do I write the checks to? USCIS form instruction mentions DHS, our sticky in this form says USCIS. I am not sure.
Do I just write A# on back of photographs or something else ? pencil/pen?
Due to lawfirm change /company merger situation I missed filing these earlier and am left with only 70 days on EAD so need to get this out today if possible.
Thank you all for helping.
NS.
Anyway, I have prepared my EAD renewal forms for paper file. i am not sure what documents to attach.
The official I 765 instruction seem to ask for only copy of previous EDS (Front+ back) and photographs.
Do i need to add anything other than this?
Top of the previous EAD mailers maybe?
Also, if I am sending forms for me and my wife in the same fedex envelop, can I combine the payment in one check or do I need to attach separate check for each application packet? Also, who do I write the checks to? USCIS form instruction mentions DHS, our sticky in this form says USCIS. I am not sure.
Do I just write A# on back of photographs or something else ? pencil/pen?
Due to lawfirm change /company merger situation I missed filing these earlier and am left with only 70 days on EAD so need to get this out today if possible.
Thank you all for helping.
NS.
more...
kesha sebert. bieber and Ke$ha sebert
martinvisalaw
02-23 06:04 PM
YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
You need to intend to work for the sponsoring employer once permanent residence is approved.
You need to intend to work for the sponsoring employer once permanent residence is approved.
kesha sebert. Kesha Rose Sebert Singer,
Dhundhun
05-28 02:29 AM
New EAD starts after expiry of previous one.
more...
kesha sebert. kesha sebert animal
dtekkedil
07-02 11:50 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
kesha sebert. Kesha Sebert (K Dolla#39;)
PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
more...
kesha sebert. Kesha Sebert picit berúgott
atlfp
04-08 02:44 PM
Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
kesha sebert. Kesha Sebert #39;#39;Ke$ha#39;#39; - Page
goel_ar
12-09 10:28 AM
We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.
agreed.
agreed.
kesha sebert. Andre and Ke$ha surfaced
julsun
01-03 09:15 AM
Hi All,
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
dil_ip3
02-25 11:12 AM
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
pcs
11-11 08:59 AM
Great job Bud.... Use local forums to spread the message...
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