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krishnam70

05-08 03:52 PM

Thanks. Great to see someone active and contributing despite getting the greencard.

If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.

This maybe a big change and even help us politically as more people will become citizens earlier and can vote.

This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.


I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal

-cheers
kris

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kumar2203

05-23 08:41 PM

Hello,

I have one question about dependent I-485.. I filed I-485 to Texas Service Center under EB-3 in 2007, Applied EB-2 140 to Nebraska Service Center under EB2, ported priority date. Now I have to add dependent 485 appication, which service center I have to send ?

thanks for your help !!

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natrajs

08-23 12:54 PM

It is very unlikely to get a RFE for this

I hope you don't get it, Try to get the Duplicate ASAP

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BEC_fog

04-23 10:55 AM

Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

All the best!!

I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!

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gc_check

07-16 10:29 AM

As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...

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Lasantha

10-05 09:32 AM

Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:

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immigrationvoice1

03-11 03:39 PM

My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D

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vamsi_poondla

01-19 01:17 PM

Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...

Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.

All, please act...time is the essence.


The contrast correct, however the math behind is slightly wrong:

Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.

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jungalee43

03-25 07:01 AM

Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

http://timesofindia.indiatimes.com/articleshow/1463861.cms

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iak1973

11-05 04:39 PM

Lets improve the chances to Mr. Narayana krishnan...

Please vote for him, thanks in advance.


iak

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HumHongeKamiyab

12-17 11:08 AM

Is this family based GC or Employment based?
Thanks,

Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?

Please help i am in need!

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freeskier89

01-02 02:29 AM

Megaswf.com seems to work :)

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villamonte6100

11-02 08:50 AM

cjain...

Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...

I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...

Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

I totally agree with your earlier comment. This is an immigration forum for people like us in the US. If we can just post anything here, then I'd like to post my problems with my neighbor as well.

Once again, Good on you mate!!!!

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thamizhan

07-18 10:33 AM

My attorney just confirmed that my application sent to USCIS on July-2, received by them on July-2 @ 9:02 AM is not returned.

This means they are accepting it.

My case was sent to Nebraska Service center.

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gman

07-29 01:45 PM

I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

Any advice highly appreciated. thanks!

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digitalborealis

01-10 10:51 AM

That probably was unnecessary and may triggered the additional check due to export control of high end researches.

I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.

I will update any reply I would get.
D

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gk_2000

08-28 02:22 AM

There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21

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gcformeornot

02-11 08:12 PM

gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.

is you need to be expert in Companie's processes, practices, products and inhouse software......

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GCSeekerCT

08-21 05:02 PM

I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

Now, I finally made my mind and about to get an offer (after labor day, they say).

The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

My PD is July 31st, 2006.

Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

please advise if the timing (within 3 months) makes sense.

Please also shed light on the permanent intent thing .

Many thanks

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lost_in_gc_land

01-31 01:18 PM

lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?

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desi3933

09-17 09:09 AM

.....

4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008

........



Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

You should relax, in other words.

That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

Good Luck to you.


*** Not a legal advise ***

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