eb3_nepa
02-12 02:16 PM
Thanks for replying. Were the I-140s EB2 or EB3? Coz i have seen a LOT of EB2s taking significantly more time than Eb3.
For eg. I filed for labour in Jan and it already got approved thru PERM coz it was EB3. a couple of my friends have filed in EB2 aand have waited significantly longer.
For eg. I filed for labour in Jan and it already got approved thru PERM coz it was EB3. a couple of my friends have filed in EB2 aand have waited significantly longer.
wallpaper amor de dios. amor a dios
sajimm
03-04 09:18 AM
This is going to impact lot of people.
Here is the link to the actual memo.
http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf
Here is the link to the actual memo.
http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf
seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
2011 dios es amor. amor a dios dios
kaisersose
01-02 02:03 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
more...
Anders �stberg
November 21st, 2005, 10:50 AM
EDIT: The pictures seem to have moved since I voted. Now I like #4. :)
s416504
08-13 08:26 PM
I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.
more...
Blog Feeds
01-12 07:30 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTwpAmJhtgG_QJwFE7C9TaBJmW6x258n2XDKhWOONgfhH2i_13hT-I3oIq_ohl_bFdJVi2pSVgGUXTfB4eLmE7i_MobYLV4P5mg8Y7H324Ng4L8-1cs7x-Xd_nFSDk9V5y92imz5VL2uE/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTwpAmJhtgG_QJwFE7C9TaBJmW6x258n2XDKhWOONgfhH2i_13hT-I3oIq_ohl_bFdJVi2pSVgGUXTfB4eLmE7i_MobYLV4P5mg8Y7H324Ng4L8-1cs7x-Xd_nFSDk9V5y92imz5VL2uE/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.
It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.
As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).
The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.
I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.
Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.
Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,
Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.
https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTwpAmJhtgG_QJwFE7C9TaBJmW6x258n2XDKhWOONgfhH2i_13hT-I3oIq_ohl_bFdJVi2pSVgGUXTfB4eLmE7i_MobYLV4P5mg8Y7H324Ng4L8-1cs7x-Xd_nFSDk9V5y92imz5VL2uE/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTwpAmJhtgG_QJwFE7C9TaBJmW6x258n2XDKhWOONgfhH2i_13hT-I3oIq_ohl_bFdJVi2pSVgGUXTfB4eLmE7i_MobYLV4P5mg8Y7H324Ng4L8-1cs7x-Xd_nFSDk9V5y92imz5VL2uE/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.
It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.
As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).
The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.
I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.
Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.
Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,
Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.
https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)
2010 el amor de Dios es maravilloso; el amor a dios. EL AMOR DE DIOS EMBELLEZE
Waitnwait
02-23 07:13 PM
Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.
more...
bekugc
07-18 01:56 PM
hello,
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
hair imagenes de amor de dios
amsgc
08-22 10:05 PM
You had some numbers there, are they not good anymore?
Msg deleted
Msg deleted
more...
fromnaija
11-08 07:55 AM
Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.
You can use your experience with current employer if the future job is substantially different than your current job.
You can use your experience with current employer if the future job is substantially different than your current job.
hot imagenes del amor de dios. el amor a dios. Masturbation: el amor a dios.
sunnymit
08-10 04:32 PM
A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?
Thanks,
Dinesh
I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one
Thanks,
Dinesh
I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one
more...
house 42 por amor a dios
sertasheep
10-16 09:06 PM
Link at http://groups.google.com/group/iv-mn-mw?hl=en
tattoo el amor de dios. amor a dios
rani77
02-06 12:03 PM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
more...
pictures Amor a Dios
vinabath
07-02 03:47 PM
So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut
So was he planning to dump her?
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
So was he planning to dump her?
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
dresses impotante es AMAR A DIOS Y
Rajwaitingon140
11-21 12:09 PM
Quizzer
Could you please let me know what is the procedure to go for an SR (Service Request)?
Thanks in advance.
Raj
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
Could you please let me know what is the procedure to go for an SR (Service Request)?
Thanks in advance.
Raj
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
more...
makeup de amor a dios. amor
simple1
06-05 08:09 PM
Looks like everything in GM is on sale.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
girlfriend AMOR A DIOS ! In this photo: Tag Embed Code Photo URL Report Abuse
Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
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rsayed
08-20 09:16 PM
only word for this is RIDICULOUS.....
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
belmontboy
08-14 09:33 PM
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
gcgreen
09-02 05:02 PM
short term insurance is not recommended because, to my knowledge, short term coverage time period does not count toward pre-existing condition wait time. COBRA coverage period does. It is more expensive, but it is worth it.
Also, I think short term coverage is available only for 3 months or 6 months. Not sure if it is available only for 30 days.
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
Also, I think short term coverage is available only for 3 months or 6 months. Not sure if it is available only for 30 days.
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
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