GCSeekerCT
08-21 07:47 PM
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
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njboy
09-11 01:38 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
h1techSlave
04-28 09:53 AM
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
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gcformeornot
01-03 11:15 AM
^^^
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nogc_noproblem
04-24 09:48 AM
Live webcast can be viewed during the hearing
http://judiciary.house.gov/schedule.aspx
Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.
http://judiciary.house.gov/schedule.aspx
Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.
webm
07-09 11:59 AM
Don't worry,the EAD approval rate became faster thesey days..esp TSC/NSC..:)..
On top of that,you should get 2 yr EAD..:)
On top of that,you should get 2 yr EAD..:)
more...
gclabor07
11-05 09:55 AM
What an inspiring story. Our GC journey feels pale in comparison to the plight of poor, sick, and mentally ill people face in India.
2010 Rally - Ford Focus RS
xlr8r
08-30 04:55 PM
Congratulations, buddy!
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Iamthejuggler
01-13 06:59 AM
Not sure if i have time to do an entry, but i'll try. One question though. Is external actionscript classes ok, or does it all have to be done on the timeline? Obviously i am referring to external actionscript classes that we wrote ourselves, not libraries/engines or other peoples' work.
hair Year: 2009. Ford Focus rs
fromnaija
12-12 02:20 PM
What if i leave it just like that?
That, my dear friend, is courting disaster at a later date and would be very unwise.
That, my dear friend, is courting disaster at a later date and would be very unwise.
more...
gc_maine2
08-08 04:27 PM
OK good another thread, now you have posted this info you can also close this thread.:)
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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walking_dude
03-03 05:23 PM
Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.
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vdlrao
04-08 02:54 PM
On Page 3 they say total Employement based preferences number was 162,176
Than on page 6 they say total Employement based preferences number was 147,148
147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007
Than on page 6 they say total Employement based preferences number was 147,148
147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007
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WeShallOvercome
07-23 04:44 PM
well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
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mmanurker
06-06 10:15 AM
Contributed $100...
Transaction ID: 0LE04357M8091673D
Transaction ID: 0LE04357M8091673D
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meridiani.planum
04-02 03:39 AM
inline...
My employer refuses to give my copy of approve LC.
-- thats not a good sign.. he does not seem to be co-operative...
I had MS + 1.5 yrs of exp.
So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.
I am willing to take the risk.
Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.
My employer refuses to give my copy of approve LC.
-- thats not a good sign.. he does not seem to be co-operative...
I had MS + 1.5 yrs of exp.
So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.
I am willing to take the risk.
Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.
more...
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Munna Bhai
05-08 02:07 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
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misha
07-12 01:13 PM
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
Did anybody receive I-485 July Rejection Notice by mail?
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swo
07-21 04:13 AM
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
desi3933
01-23 01:15 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
pd2001_12
09-15 01:24 PM
Yes I got RFE like 1 month back about employment verification...
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
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