eastindia
09-09 01:33 PM
Yes, why is USCIS still accepting EB3 applications when they will get GC in the next 40 years ?! This is absolutely ridiculous !
USCIS makes money so that are justified in accepting applications.
But
why are people in EB3 India submitting EB3 applications when they will get GC in the next 40 years ?! This is absolutely ridiculous ! :D
USCIS makes money so that are justified in accepting applications.
But
why are people in EB3 India submitting EB3 applications when they will get GC in the next 40 years ?! This is absolutely ridiculous ! :D
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msr999
07-17 09:54 PM
How can your I-485 get approved without the PD becoming current? Beats me..
It was specific question in related to filing Wife's I-485 later. i.e. If I file my I-485 now and not file my wife's I-485 now, then the PDs are bound to retrogress and I have to wait until my PD becomes current again to file for my wife's I485. My question was what is the risk that my I-485 gets approved before my PD becomes current AGAIN.
It was specific question in related to filing Wife's I-485 later. i.e. If I file my I-485 now and not file my wife's I-485 now, then the PDs are bound to retrogress and I have to wait until my PD becomes current again to file for my wife's I485. My question was what is the risk that my I-485 gets approved before my PD becomes current AGAIN.
akkakarla
07-17 09:23 AM
You need to speak with the Court and get Certified Case Disposition. Answer YES for if you are arreseted anytime.
Also submit the other documents such as case file, and all the related documents from the day of your appearance in court.
The chances of you getting interview would be 75% and not getting is 25%.Simply asking Yes for getting arrested itself raises red flag. Coming to the case filed in India it will not have effect at all.
Iyer
Also submit the other documents such as case file, and all the related documents from the day of your appearance in court.
The chances of you getting interview would be 75% and not getting is 25%.Simply asking Yes for getting arrested itself raises red flag. Coming to the case filed in India it will not have effect at all.
Iyer
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eb3retro
08-06 02:19 PM
Hello,
As most of EB2-India I-485 filers are already aware that I-485 processing dates follow Receipt Dates, but not Priority dates. Most of us missed filing on July 2nd 2007 because of filp-flop of USCIS decision. But now after an year later whoever could filed on that date (not honouring USCIS decision) are gettings approvals eventhough their priority dates are as early as Jun 2006.
But whoever honored the USCIS decision and filed after USCIS confirmation are not getting approvals eventhough they have earlier priority dates.
Is not this an occasion to remind USCIS that take correct decisions by sending some flowers?;););)
Please let me know
-Sree
Hi Sree, pls dont mis-understand me. I will not be supportive of this flower campaign, because, this deals with EB2 alone, All I am saying is, if we are to campaign for something, we should do that so that a broad range of EB categories will get some benefit. It should not be categorized for EB2 alone. Just my 2 cents and my opinion. I may get a lot of red dots for this, but i urge everyone to look at a higher picture and the problems faced by all the eb categories.
As most of EB2-India I-485 filers are already aware that I-485 processing dates follow Receipt Dates, but not Priority dates. Most of us missed filing on July 2nd 2007 because of filp-flop of USCIS decision. But now after an year later whoever could filed on that date (not honouring USCIS decision) are gettings approvals eventhough their priority dates are as early as Jun 2006.
But whoever honored the USCIS decision and filed after USCIS confirmation are not getting approvals eventhough they have earlier priority dates.
Is not this an occasion to remind USCIS that take correct decisions by sending some flowers?;););)
Please let me know
-Sree
Hi Sree, pls dont mis-understand me. I will not be supportive of this flower campaign, because, this deals with EB2 alone, All I am saying is, if we are to campaign for something, we should do that so that a broad range of EB categories will get some benefit. It should not be categorized for EB2 alone. Just my 2 cents and my opinion. I may get a lot of red dots for this, but i urge everyone to look at a higher picture and the problems faced by all the eb categories.
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Michael chertoff
09-28 08:43 AM
July 2 filer, got EAD and AP approved document and card on sept 4, still waiting for Aproaval notice and and online status says " case received and pending" for both of them.. FP is also done.
gc_chahiye
12-04 01:38 PM
Guys,
Now I know that I am screwed. Today my lawyer told me that my I-140 is denied due to the ability to pay issue. I applied for the I-140 in February 2007, Got RFE in August 2007, Responded to RFE in Ocetober 2007, My RFE was really huge, and now the denial comes on to the Ability to pay issue.
I just had a meeting with my laywer and he told me that I am simply messed up and nothing can be done. I suggested him to take the route of to get the finiancial statement from the company CPA and then appeal. Here is my current situation and I am really looking towards all of your for helping me out here so PLEASEEEEEEEEEEEEEEEEEEEEE help me.
H1b is expiring in June 2008
I don't know what comprises a financial statement from the CPA ( Can anybody provide me with the template or sample)
AS per labor I suppose to be getting 70000$ as my wage starting from the year 2003 to 2006, but I was not though the difference is not that huge and can be adjusted in vacation time etc.
The company is really samll about 15 employees.
The company tax returns for year 2003, 2004, 2005 are not good
Now the question is should I file MTR or file an appeal. What is best way to get the approval and also to get an extension on H1b so that If necessary I can file for another labor from the same employer.
Please help me
RB
1. appeal the decision asap.
2. on the basis of the appeal file for an H1 extension+transfer to another employer (you can file an extension upto 6 months in advance)
3. start another LC ASAP with the new employer.
Now I know that I am screwed. Today my lawyer told me that my I-140 is denied due to the ability to pay issue. I applied for the I-140 in February 2007, Got RFE in August 2007, Responded to RFE in Ocetober 2007, My RFE was really huge, and now the denial comes on to the Ability to pay issue.
I just had a meeting with my laywer and he told me that I am simply messed up and nothing can be done. I suggested him to take the route of to get the finiancial statement from the company CPA and then appeal. Here is my current situation and I am really looking towards all of your for helping me out here so PLEASEEEEEEEEEEEEEEEEEEEEE help me.
H1b is expiring in June 2008
I don't know what comprises a financial statement from the CPA ( Can anybody provide me with the template or sample)
AS per labor I suppose to be getting 70000$ as my wage starting from the year 2003 to 2006, but I was not though the difference is not that huge and can be adjusted in vacation time etc.
The company is really samll about 15 employees.
The company tax returns for year 2003, 2004, 2005 are not good
Now the question is should I file MTR or file an appeal. What is best way to get the approval and also to get an extension on H1b so that If necessary I can file for another labor from the same employer.
Please help me
RB
1. appeal the decision asap.
2. on the basis of the appeal file for an H1 extension+transfer to another employer (you can file an extension upto 6 months in advance)
3. start another LC ASAP with the new employer.
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kiwi
11-21 11:30 AM
Hello Canleo98,
I am in the same boat. I was not on top of my things at the beginning of the GC/Labor process so doomed now. My labor attorney didn't evaluate my case and went ahead with labor. I didn't ask him to do so either.
Here is what my current attorney explained to me:
*----To review financial: The Company tax return must show ability to pay either as has profit large as salary; or, net assets exceed net liabilities by amount of salary; or, company can show it has been paying the minimum salary required. Any one of these must have applied from day filed the ETA 9089 and continuing at least to day of filing the I-140.ay be possible to use combination; i.e., profit less than salary, but when combined with salary actually paid (which may be below mandatory amount), they total high enough. -----*
His suggestion is: even if I had been paid all along above the prevailing wage, I140 could still be a hard pass since the company loss is so high. My case is my boss owns two companies (we share everything) but they are separate legal entities. My company is losing money on paper for certain reasons.
After inital shock after long wait (4 years to get LC cleared), his suggestion is to start all over again with the profitable company. Yes, but I lose time. I am doing H1b 1 year extensino now and I am thinking of starting over in a different company.
My company had one GC case before me - 4 years ago - the financial could be different then.
I am in the same boat. I was not on top of my things at the beginning of the GC/Labor process so doomed now. My labor attorney didn't evaluate my case and went ahead with labor. I didn't ask him to do so either.
Here is what my current attorney explained to me:
*----To review financial: The Company tax return must show ability to pay either as has profit large as salary; or, net assets exceed net liabilities by amount of salary; or, company can show it has been paying the minimum salary required. Any one of these must have applied from day filed the ETA 9089 and continuing at least to day of filing the I-140.ay be possible to use combination; i.e., profit less than salary, but when combined with salary actually paid (which may be below mandatory amount), they total high enough. -----*
His suggestion is: even if I had been paid all along above the prevailing wage, I140 could still be a hard pass since the company loss is so high. My case is my boss owns two companies (we share everything) but they are separate legal entities. My company is losing money on paper for certain reasons.
After inital shock after long wait (4 years to get LC cleared), his suggestion is to start all over again with the profitable company. Yes, but I lose time. I am doing H1b 1 year extensino now and I am thinking of starting over in a different company.
My company had one GC case before me - 4 years ago - the financial could be different then.
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rameshvaid
10-15 10:20 AM
rameshvaid
Thanks for your response
i am planning to do paper filing i have few questions please
1 . on form 765 the first box the question asked is
I am applying for: ?
what is the box we have to check.
2 . what are the supporting documents did you send to USCIS
3 . i live in NY i think i have to send application to Texas right ? please correct me if i am wrong.
Permission to accept employment. Rest all other information will be for you son and in Col. 16 state (C) (9) if he is on H4 and you and your son both sign the form as a guardian because you are filing the form for him.
Documents: I sent the same set of documents as were expected from me including Approved copies of H1/H4's, Approved I 140, etc. Copy of your approved EAD if you have one. Also pls. check their website and see what documents they are asking for. My attorney had done this for me but have a set of copies at home which I can check tonight and will let you know.
This is certainly a benefit to get EAD and then SS #. Which in the long run will not only help for stimulus packages but will also help in getting the financial aid if required at a later date, who knows how much time it's going to take to get our GC??
PM me if u need any additional info..
Good Luck..
RV
Thanks for your response
i am planning to do paper filing i have few questions please
1 . on form 765 the first box the question asked is
I am applying for: ?
what is the box we have to check.
2 . what are the supporting documents did you send to USCIS
3 . i live in NY i think i have to send application to Texas right ? please correct me if i am wrong.
Permission to accept employment. Rest all other information will be for you son and in Col. 16 state (C) (9) if he is on H4 and you and your son both sign the form as a guardian because you are filing the form for him.
Documents: I sent the same set of documents as were expected from me including Approved copies of H1/H4's, Approved I 140, etc. Copy of your approved EAD if you have one. Also pls. check their website and see what documents they are asking for. My attorney had done this for me but have a set of copies at home which I can check tonight and will let you know.
This is certainly a benefit to get EAD and then SS #. Which in the long run will not only help for stimulus packages but will also help in getting the financial aid if required at a later date, who knows how much time it's going to take to get our GC??
PM me if u need any additional info..
Good Luck..
RV
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jetflyer
08-20 12:12 PM
Thanks folks for opening this thread. Did anyone actually made the move? Please share.
I am in same situation now and willing to pull the trigger.
I read following places on the net too:
MurthyDotCom : Yates May 2005 Memo on AC21 and I-140s (http://www.murthy.com/news/n_yatmay.html)
AC21 porting to self employment... (http://www..com/usa-discussion-forums/i485-eb/305326797/ac21-porting-to-self-employment)
AC21 & Self-Employment without W2 - Immigration Information Discussion Forum (http://immigration-information.com/forums/adjustment-of-status/7833-ac21-and-self-employment-without-w2.html)
I am in same situation now and willing to pull the trigger.
I read following places on the net too:
MurthyDotCom : Yates May 2005 Memo on AC21 and I-140s (http://www.murthy.com/news/n_yatmay.html)
AC21 porting to self employment... (http://www..com/usa-discussion-forums/i485-eb/305326797/ac21-porting-to-self-employment)
AC21 & Self-Employment without W2 - Immigration Information Discussion Forum (http://immigration-information.com/forums/adjustment-of-status/7833-ac21-and-self-employment-without-w2.html)
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hsingh82
10-12 10:45 AM
I was able to change my address online before they passed this law in TX (I'm not aware that a judge blocked it...), now it would not let me change my address online. Anyone from TX, were you able to change you adress/renew your licence online?
I changed my address online couple days ago, waiting for new DL. For the sake of it, I tried to renew my license too but since its not within some required timeframe of expiry, it did not let me do it. I was expection some message on address change but it went smooth.
I changed my address online couple days ago, waiting for new DL. For the sake of it, I tried to renew my license too but since its not within some required timeframe of expiry, it did not let me do it. I was expection some message on address change but it went smooth.
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senram
12-15 01:24 PM
Generally majority of Illegal immigrants and their supporters will vote for democratic party. So democratic party is trying to pass Dream Bill. But majority of high skilled generally vote for Republicans and when republicans takes over Senate and House with Wide margin then EB reform will be introduced and passed.
At this stage bi partisan immigration bill will cover high skilled immigrants also. Employment situation need to be improved and some compromise bill is needed for passage. There are more important work for congress than spending time to give 500K new green cards.
The approach by IV and other for adding the Visa recapture is correct. Even more money is spent or more numbers are there it will have same result unless some variables change.
Now most congressmen will ask What is the need for Visa Capture or Eb reform now when unemployment is close to 10%. Economy will not have any impact as no one is in a situation to leave the country as you can indefinitely extend your H1b. You can be in decent job and buy a home. Only issue is there are some inconveniences. But what is the problem for country? Even a few thousand leave the country because of this 85k new H1bs added and about 100k new L1s are coming and 140K GCs are issued every year. Apart from there is unlimited potential of outsourcing.
Politically and in number game High skilled are very weak now. So it is a smart move to try to attach with other bills
Why should they not do as much for us? We are all potential voters ;)
Lets look at the glass as half full instead of half empty.......
At this stage bi partisan immigration bill will cover high skilled immigrants also. Employment situation need to be improved and some compromise bill is needed for passage. There are more important work for congress than spending time to give 500K new green cards.
The approach by IV and other for adding the Visa recapture is correct. Even more money is spent or more numbers are there it will have same result unless some variables change.
Now most congressmen will ask What is the need for Visa Capture or Eb reform now when unemployment is close to 10%. Economy will not have any impact as no one is in a situation to leave the country as you can indefinitely extend your H1b. You can be in decent job and buy a home. Only issue is there are some inconveniences. But what is the problem for country? Even a few thousand leave the country because of this 85k new H1bs added and about 100k new L1s are coming and 140K GCs are issued every year. Apart from there is unlimited potential of outsourcing.
Politically and in number game High skilled are very weak now. So it is a smart move to try to attach with other bills
Why should they not do as much for us? We are all potential voters ;)
Lets look at the glass as half full instead of half empty.......
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vamsi_poondla
09-26 02:43 PM
Thanks all for your replies.
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mrajatish
05-06 12:58 AM
http://domenici.senate.gov/legislation/legislation.cfm
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greencard_seeker
08-03 12:08 PM
PD April 2004
Application mailed to TSC 30th June 2006 for receipt on 2nd July 2007
I-140/I-485 concurrently filed = yes
Receipt received = ???? not yet
Hi,
your case Eb2 or EB3??
Thanks!
Application mailed to TSC 30th June 2006 for receipt on 2nd July 2007
I-140/I-485 concurrently filed = yes
Receipt received = ???? not yet
Hi,
your case Eb2 or EB3??
Thanks!
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Tortoise
08-14 11:44 AM
Can you send me the order how did you call USCIS? when I try to call I am ending up without any option to speak to the representative.
Thanks in advance.
Thanks in advance.
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manderson
03-03 12:43 PM
I copied from someone else's post. I don't mean to steal credit or anything. I just copied into a word doc a long time ago and don't remember who originally posted it. So thanks to that person.
---------------------------------------------------------------------------------------------------------------------
"The numbering system on receipts has significance. The system varies somewhat depending on the software system used to process the case. Those systems are enumerated below for you use.
A case processed in CLAIMS3 – LAN version is structured as follows:
LIN 99 001 50001
LIN represents the office location where initially received into the electronic system. In the example, LIN indicates Lincoln, Nebraska or NSC. Cases that are received at another Service Center but processed at the NSC will generally carry the originating office number.
EAC = St. Albans, Vermont or Vermont Service Center
SRC= Dallas, Texas or Texas Service Center
WAC= Laguna Niguel, California or California Service Center
99 represents the fiscal year in which the case was received.
001 represents the computer workday in the fiscal year on which the fee was taken. Generally 001 is October 1st, the first working day of the fiscal year. 265 generally is a computer work day in September. This is NOT truly a julian date because no “computer work day” exists if the center does not receipt cases on any particular date, e.g. most Saturday’s, all Sunday’s and holidays.
50001 represents the particular case number. In this case, it is the first case received in CLAIMS3 LAN on that particular workday.
A case processed in CLAIMS3 Mainframe has a similar structure:
LIN 99 001 00001
All is the same as the CLAIMS3 LAN version except the particular case number. The LAN version commences with 5: The mainframe version commences with 0. * The significance of this difference is that electronic case status information is NOT available to the public for the mainframe cases. Only I-751s and I-829s are/have been receipted in this version.
A case processed in CLAIMS4 (currently only N-400’s) has a different structure. It has two significant numbers. The first (application identification number/APP ID) is a series letters, numbers and a symbol. LIN*000000006 is an example of an APP ID. This is strictly sequential and does not change at the fiscal year. This is the number to refer to when seeking information regarding this case.
The other relevant number is the number printed on the reverse of the financial statement (check, money order, etc) used for paying the fee. It is the payment identification number (PAY ID). Its structure is: LIN$000000004. This too is purely sequential, and is not the same number as the “APP ID”. It may be followed by some other numbers such as:
LIN$000000004 (1)
LIN$0000000 04 (2).
The significance of this is sequencing is that more than one financial instrument was used to pay the fee for one application. For instance, if an N-400 applicant submitted two checks to pay for the N-400 fee and the fingerprint fee, the sequence might be as listed above, each check/money order bearing one of the sequenced numbers. The case would only have one “APP ID” however: (for example LIN*000000006).
The “PAY ID” number may not be used for case status in the automated information system, however the “APP ID” can be used. The “PAY ID” can be used for seeking status information when talking with an INS representative."
---------------------------------------------------------------------------------------------------------------------
"The numbering system on receipts has significance. The system varies somewhat depending on the software system used to process the case. Those systems are enumerated below for you use.
A case processed in CLAIMS3 – LAN version is structured as follows:
LIN 99 001 50001
LIN represents the office location where initially received into the electronic system. In the example, LIN indicates Lincoln, Nebraska or NSC. Cases that are received at another Service Center but processed at the NSC will generally carry the originating office number.
EAC = St. Albans, Vermont or Vermont Service Center
SRC= Dallas, Texas or Texas Service Center
WAC= Laguna Niguel, California or California Service Center
99 represents the fiscal year in which the case was received.
001 represents the computer workday in the fiscal year on which the fee was taken. Generally 001 is October 1st, the first working day of the fiscal year. 265 generally is a computer work day in September. This is NOT truly a julian date because no “computer work day” exists if the center does not receipt cases on any particular date, e.g. most Saturday’s, all Sunday’s and holidays.
50001 represents the particular case number. In this case, it is the first case received in CLAIMS3 LAN on that particular workday.
A case processed in CLAIMS3 Mainframe has a similar structure:
LIN 99 001 00001
All is the same as the CLAIMS3 LAN version except the particular case number. The LAN version commences with 5: The mainframe version commences with 0. * The significance of this difference is that electronic case status information is NOT available to the public for the mainframe cases. Only I-751s and I-829s are/have been receipted in this version.
A case processed in CLAIMS4 (currently only N-400’s) has a different structure. It has two significant numbers. The first (application identification number/APP ID) is a series letters, numbers and a symbol. LIN*000000006 is an example of an APP ID. This is strictly sequential and does not change at the fiscal year. This is the number to refer to when seeking information regarding this case.
The other relevant number is the number printed on the reverse of the financial statement (check, money order, etc) used for paying the fee. It is the payment identification number (PAY ID). Its structure is: LIN$000000004. This too is purely sequential, and is not the same number as the “APP ID”. It may be followed by some other numbers such as:
LIN$000000004 (1)
LIN$0000000 04 (2).
The significance of this is sequencing is that more than one financial instrument was used to pay the fee for one application. For instance, if an N-400 applicant submitted two checks to pay for the N-400 fee and the fingerprint fee, the sequence might be as listed above, each check/money order bearing one of the sequenced numbers. The case would only have one “APP ID” however: (for example LIN*000000006).
The “PAY ID” number may not be used for case status in the automated information system, however the “APP ID” can be used. The “PAY ID” can be used for seeking status information when talking with an INS representative."
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PresidentO
02-13 09:58 AM
While bumping the thread and being hungry for information, you might want to update all your info for IV. Then expect answers.
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cardamon
09-20 04:08 PM
How do I figure out whether my labor certification qualifies for EB2 or not? The original position calls for master degree or 5 years of experience, but I know that for EB2 position, compared to EB3, more stuff need to be done in terms of advertisement etc., and lawyers most likely did not bother with it.
What kind of additional evidence can be filed with the I-140 amendment?
What kind of additional evidence can be filed with the I-140 amendment?
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admin
05-05 05:01 PM
Don't mistake us. We really wish SKIL is on the floor and we have been pursuing it very actively long before before the details were made public. But still there is only so much that can happen realistically. SKIL will not be brought on the floor till CIR dies.
CantLeaveAmerica
11-13 10:55 PM
In my case, a new LCA and I129 were used for my H1 renewal. I verified it from a scan of the document that I had where I could clearly see that the start and end dates of employment on the form reflected the period of employment for my new H1 renewal.
Hope this helps...
Hope this helps...
smartboy75
07-17 07:11 PM
Do you understand the risk you are taking...If possible call your wife to the US immediately....with the floodgates open for a month its quiet possible that the dates may not be current for a longggggggg time..don't want to scare you but my 2 cents about it.....Make hay till the sun shines...
