AllVNeedGcPc
01-30 10:01 AM
Hello VayuMahesh: Congratulations on getting greened.
My EB2 140 got approved more than 10 days ago, with old EB3 priority date on the approval letter (and my old A number), but still no LUD on my existing 485s.
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
Thanks in advance.
Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
My EB2 140 got approved more than 10 days ago, with old EB3 priority date on the approval letter (and my old A number), but still no LUD on my existing 485s.
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
Thanks in advance.
Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
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Green.Tech
05-28 08:32 PM
Keep 'em coming!
arung
09-07 04:16 PM
about 10 years
- Landed in May 2000
- Filed First application in Aug. 2001 with Company A
- Company A asked to join client Company B
- Filed again with Company B Dec. 2004
- I140 cleared sometimes in Dec. 2006
- Filled i485 July�2007
- Landed in May 2000
- Filed First application in Aug. 2001 with Company A
- Company A asked to join client Company B
- Filed again with Company B Dec. 2004
- I140 cleared sometimes in Dec. 2006
- Filled i485 July�2007
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Jaime
09-13 12:36 AM
bump
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krupa
12-12 08:57 PM
Everywhere they mention spillover...they say quarterly. But they don't really enforce it. :mad:
At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
USCIS issue GC not more than 9% of quota for eligible quota by each country during each first three quarters. Spill over happens only in last quarter of a fiscal year.
At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
USCIS issue GC not more than 9% of quota for eligible quota by each country during each first three quarters. Spill over happens only in last quarter of a fiscal year.
Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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Macaca
07-06 11:13 AM
The following articles talk about similar provisions (I think?) for undocumented. You can send them your story and ask them to write about you. You can also ask lawmakers for simliar provisions for you.
Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
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kumar1
08-20 11:28 PM
Missouri story - I was sent home by DMV office, reason, I was not carrying my latest Pay stubs. I hate these Midwestern states...they were sleeping before 9/11 and suddenly woke up and squeezed their asses. Can you imagine, ignorant DMV in Missouri gave me DL on B1/B2 visa in 2000? I showed them Passport as proof#1 and US visa as proof#2 and ignorant officer said...you are good to go! Now 7 years later, it is written in bold over there....
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
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zCool
07-15 08:36 PM
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ItIsNotFunny
10-20 12:55 PM
Folks - there is going to be some changes in the strategy here. I have discussed this issue with IV core and we will update the new strategy soon, until then you may continue to send the letters.
Folks who are running the campaign - please keep this thread alive.
nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.
nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.
Can we make this thread like a sticky on home page?
Folks who are running the campaign - please keep this thread alive.
nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.
nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.
Can we make this thread like a sticky on home page?
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texanmom
09-12 12:51 PM
I have started targetting media in Houston, TX....can other Houstonians help please???
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amit_sp
03-04 10:18 AM
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
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tnite
02-08 11:15 AM
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
If the person is on H1b, then he/she can travel without AP as long as they have an unexpired H1B visa and carry with them the I1485 receipt.
AP has nothing to do with your AOS processing. AP like EAD is for our convenience and has no bearing on the AOS process.
The only time it has is if someone uses the EAD /AP , then they are no longer on H1B.
As far as leaving the country without AP and then getting it mailed , there are mixed opinions (not facts). Some think it will come back to haunt you later and others think it is of no consequence.
I personally had a family member do this back in Oct but will keep this board updated if and when they have an issue.
This is just my opinion and take it with a grain of salt.
If the person is on H1b, then he/she can travel without AP as long as they have an unexpired H1B visa and carry with them the I1485 receipt.
AP has nothing to do with your AOS processing. AP like EAD is for our convenience and has no bearing on the AOS process.
The only time it has is if someone uses the EAD /AP , then they are no longer on H1B.
As far as leaving the country without AP and then getting it mailed , there are mixed opinions (not facts). Some think it will come back to haunt you later and others think it is of no consequence.
I personally had a family member do this back in Oct but will keep this board updated if and when they have an issue.
This is just my opinion and take it with a grain of salt.
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eb3_nepa
07-14 06:24 PM
Mailed Check..
Ramesh
Thanks RameshVaid
Ramesh
Thanks RameshVaid
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pappu
10-10 10:28 AM
We are getting more calls for op-eds and need more IV members to pitch in and write articles.
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manugee
09-11 03:26 PM
I managed to get a red-eye back from CA on Monday... so I will see you guys on Tuesday for the rally.
Go IV,
Manish Jain
Go IV,
Manish Jain
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nave_kum
08-12 05:45 PM
Buddyinus,
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Guys...
I just logged in thinking that by Monday, we July 2nd filers wud be getting receipts. But after flipping the pages back on this forum, I saw that the Monday was indeed the previous one. This is indeed misleading. After seeing the ongoing tussle between buddyinus and Srikondo, I realised Buddyinus is right. Whats wrong in whatever he's saying??? The purpose of this thread is to discuss about the so called Monday's receipts. But since that Monday is gone, looks like u r fighting over nothing. How dare u warn anybody on this thread. I am with Buddyinus on this. He may be a junior but u dont have any rights to warn him. Beware.
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Guys...
I just logged in thinking that by Monday, we July 2nd filers wud be getting receipts. But after flipping the pages back on this forum, I saw that the Monday was indeed the previous one. This is indeed misleading. After seeing the ongoing tussle between buddyinus and Srikondo, I realised Buddyinus is right. Whats wrong in whatever he's saying??? The purpose of this thread is to discuss about the so called Monday's receipts. But since that Monday is gone, looks like u r fighting over nothing. How dare u warn anybody on this thread. I am with Buddyinus on this. He may be a junior but u dont have any rights to warn him. Beware.
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chanduv23
11-26 10:29 AM
Thank you, I'll keep everyone posted if anything changes.
I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.
Thanks,
Well - not every officer will deal with you in the same manner. It was my bad luck. I am sure, I might find someone helpful if I go again. So don't get intimidated and discouraged.
Usually at infopass they do not want to answer questions like 'Who is my Attorney on file etc... " The questions they answer are - name check pending, further review etc..... So you may get an answer "If your Attorney has filed for G 28 - then you don't have to worry". But you never know and can always give a try.
I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.
Thanks,
Well - not every officer will deal with you in the same manner. It was my bad luck. I am sure, I might find someone helpful if I go again. So don't get intimidated and discouraged.
Usually at infopass they do not want to answer questions like 'Who is my Attorney on file etc... " The questions they answer are - name check pending, further review etc..... So you may get an answer "If your Attorney has filed for G 28 - then you don't have to worry". But you never know and can always give a try.
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gccovet
03-05 03:06 PM
If I remember right, around July 2008, several people got soft LUD on their cases, there were 3-4 threads on these topic. All appeared to pre-adjudication process.
GCCovet.
GCCovet.
USDream2Dust
07-11 10:41 AM
First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).
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485Mbe4001
08-04 04:44 PM
i dont understand the point of your discussion. i doubt if you are EB3 or really care about helping with the letter. you wanted to make a point, you made it, no use arguing for arguments sake. Do you think that sending a 'factually correct' letter will make the dates active or get a different response. You imagine that a person at USCIS is sitting with a red pen correcting letters from 'highly skilled' applicants? A letter is an opinion to highlight an issue important and critical to them, let them express it. You can mail them a rebuttal if you want, why are you sowing doubts and ridiculing people who are interested in doing something.
if you want to help us, then why dont you critique the number USA letters, they are certainly not 'factually correct'. You can go there and defend our cause.
if some people want to send letters, let them send.
You havent experienced a long wait, i hope you dont. There are various reasons why people cannot use AC21...when you reach that stage you can weigh the pro's and con's.
If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
I wish that he (guy in next cubicle) gets I-140 approved soon.
>> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?
If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.
I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.
The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.
if you want to help us, then why dont you critique the number USA letters, they are certainly not 'factually correct'. You can go there and defend our cause.
if some people want to send letters, let them send.
You havent experienced a long wait, i hope you dont. There are various reasons why people cannot use AC21...when you reach that stage you can weigh the pro's and con's.
If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
I wish that he (guy in next cubicle) gets I-140 approved soon.
>> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?
If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.
I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.
The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.
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