pom
05-27 09:05 AM
The links page in Soul's site almost made me throw up, great work man :P
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delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
morpheus
04-06 11:06 AM
Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
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ssharma
04-27 01:36 PM
Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
more...
abracadabra102
11-06 03:13 PM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
This issue has been discussed at length in these forums. Put in some effort and read before popping a question.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
This issue has been discussed at length in these forums. Put in some effort and read before popping a question.
immitul
07-13 08:48 PM
Your I-485 application could be nearing approval, as your priority date is current, and you are with in the USCIS processing time frame.
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mjULTRA
05-27 06:42 PM
i voted for golgi, cuz it had a theme, but festers site deserves an honorable mention.
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mhathi
03-19 12:57 PM
PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.
This is my understanding.
This is my understanding.
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Chiwere
07-29 08:07 PM
Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.
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chanduv23
02-25 10:56 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
more...
sanju_dba
08-13 01:17 PM
WASHINGTON � President Barack Obama on Friday signed into law a $600 million border security that will put more agents and equipment along the Mexican border.
...
Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)
isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.
...
Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)
isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.
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arnab221
04-27 09:23 PM
Most points are for joining the US Armed forces . I see where this is going .
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vallabhu
09-16 02:59 PM
Done
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lord_labaku
04-14 12:43 AM
Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
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swamy
06-08 11:13 PM
this should be pushed simultaneously with delinking 485 filing based on vb so theres some justice to the way gc's are dispensed;
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9411b
03-06 12:56 PM
You are not alone.
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
more...
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InTheMoment
07-12 01:36 AM
Hang on mann! no need to jump to conclusions yet...
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optimist578
01-31 03:10 PM
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
Is there a way to track the status of one's I-140 petition through USCIS's website?
Is there a way to track the status of one's I-140 petition through USCIS's website?
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maxy
10-15 05:08 PM
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
ita
11-19 03:41 PM
I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
Rune
August 27th, 2004, 01:12 AM
Here in Europe the biggest problem is ATMs that has been modified. The most simple modification is a simple loop inserted into the slot that tries to fool its victims into believing the machine ate their card. In addition a helpful person will appear and tell the victim that there's a secret code to be keyed in (999 + personal pin code) to make the machine spit out the card again...
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
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