intheyan
06-26 03:04 PM
Thanks Sheela.
I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.
I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.
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GreenCord
07-20 05:28 AM
:rolleyes: Hi frens,
My employer filed I-140 on July 12th and at Nebraska Service Center which must have been deleivered by now. And my employer persist that they cannot file I-485 until I get receipt notice. I even came to know on another thread even without receipt notice I-485 can be filed with an application as a cover letter.
So can I do that myself without the help of the employer or I have to wait for the receipt notice.
Is there any way we can get the info by USCIS by calling them or by taking InfoPass Appointment and asking them..
Please advise. Thanks in advance.
Q-7 (07/19/2007): Since I could not file I-485 in July, I filed a stand-alone I-140 petition last week. I have yet to receive the Receipt Notice. What do I have to do?
A-7: Believe it or not, this is one of the most common questions I have received in the email. Without I-140 Receipt Notice and case number, there is absolutely no way you can file a stand-alone I-485 application. Assuming that you filed earlier and at least you found the receipt number through the cancelled check, it is still risky to file a stand-alone I-485 under the given circumstances. You can ask the USCIS "interfile to XXXXXX" without a copy of the pending I-140 receipt notice, but it is still not recommended. The option may be filing a new concurrent I-140/I-485. But predicament is lack of "original" labor certification. Service Centers have been denying such I-140 petition in a number of cases for lack of original labor certification application. The AILA may attempt to find an answer for this situation, but under the circumstances, you may not have any option other trying filing with the best evidence of I-140 petition filing proof including a copy of the cancelled filing check from the bank, federal or ups overnight delivery tracking record, complete copy of I-140 petition and supporting documentation, and I-485 application and documentation. It is better trying than doing nothing at this point. Or you can wait until first or second week to see whether you will receive the receipt notice of I-140 petition and file I-485 applicatiopn with this receipt notice. Inasmuch as you were eligible in July under the July VB, the extended period of I-485 application may work.
My employer filed I-140 on July 12th and at Nebraska Service Center which must have been deleivered by now. And my employer persist that they cannot file I-485 until I get receipt notice. I even came to know on another thread even without receipt notice I-485 can be filed with an application as a cover letter.
So can I do that myself without the help of the employer or I have to wait for the receipt notice.
Is there any way we can get the info by USCIS by calling them or by taking InfoPass Appointment and asking them..
Please advise. Thanks in advance.
Q-7 (07/19/2007): Since I could not file I-485 in July, I filed a stand-alone I-140 petition last week. I have yet to receive the Receipt Notice. What do I have to do?
A-7: Believe it or not, this is one of the most common questions I have received in the email. Without I-140 Receipt Notice and case number, there is absolutely no way you can file a stand-alone I-485 application. Assuming that you filed earlier and at least you found the receipt number through the cancelled check, it is still risky to file a stand-alone I-485 under the given circumstances. You can ask the USCIS "interfile to XXXXXX" without a copy of the pending I-140 receipt notice, but it is still not recommended. The option may be filing a new concurrent I-140/I-485. But predicament is lack of "original" labor certification. Service Centers have been denying such I-140 petition in a number of cases for lack of original labor certification application. The AILA may attempt to find an answer for this situation, but under the circumstances, you may not have any option other trying filing with the best evidence of I-140 petition filing proof including a copy of the cancelled filing check from the bank, federal or ups overnight delivery tracking record, complete copy of I-140 petition and supporting documentation, and I-485 application and documentation. It is better trying than doing nothing at this point. Or you can wait until first or second week to see whether you will receive the receipt notice of I-140 petition and file I-485 applicatiopn with this receipt notice. Inasmuch as you were eligible in July under the July VB, the extended period of I-485 application may work.
gsc999
07-17 08:11 PM
Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...
-
Exactly!
Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.
I guess, there is lot of frustration and anger which maybe clouding judgement.
-
Exactly!
Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.
I guess, there is lot of frustration and anger which maybe clouding judgement.
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Prijay
02-29 05:00 PM
I have sent in 3 letters and will be collecting 10 more letters before tomorrow
Prijay
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Prijay
Attended Sep 18th Rally
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ItIsNotFunny
05-19 03:23 PM
Very nice initiative. Keep it up!
BornConfused
07-03 02:56 PM
My 485 application was also received my USCIS in second week of May '07. Does this mean that they have alloted visa number to me as well? I am confused :(
According to him, we do. I'm slightly worried but not excessively so. I think we're gonna be ok. I'll call again in about an hour, so check back on here soon for my update.
According to him, we do. I'm slightly worried but not excessively so. I think we're gonna be ok. I'll call again in about an hour, so check back on here soon for my update.
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factoryman
02-12 02:30 PM
Note: Read my post IV need to set up a fax:This is a WIN/WIN situation for us (http://immigrationvoice.org/forum/showpost.php?p=47943&postcount=38)
Thanks go_guy123. Your reply is twisted and not in context for the task on hand. I only quoted American Academy of Nursing, as rimzhim said (http://immigrationvoice.org/forum/showpost.php?p=47949&postcount=40), such need to set up fax as above, 'will show us in poor light.
Sorry you missed the whole point and is side tracking the need of today: stop the grab of unused visas. Pure and simple.
Well they are also shouting about Nurse shortage just like Corporate America is shouting about shortage of H1Bs.
Thanks go_guy123. Your reply is twisted and not in context for the task on hand. I only quoted American Academy of Nursing, as rimzhim said (http://immigrationvoice.org/forum/showpost.php?p=47949&postcount=40), such need to set up fax as above, 'will show us in poor light.
Sorry you missed the whole point and is side tracking the need of today: stop the grab of unused visas. Pure and simple.
Well they are also shouting about Nurse shortage just like Corporate America is shouting about shortage of H1Bs.
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vbkris77
03-05 09:37 AM
What we get
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
more...
gsmishra
07-23 03:10 PM
Latest FAQ from uscis says we can file I-485 without I-140 recipt notice
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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ksircar
07-21 04:59 PM
risker,
Once again I urge you to contact IV core ASAP. To start with send PM, ask for their contact number and then discuss the problem. Don't spend too much time on this forum, time is limited. Once you explain the problem to them they may advise you what should be the best course of action. The core may not be directly involved, but at least they may guide you in the right direction.
Regards.
Once again I urge you to contact IV core ASAP. To start with send PM, ask for their contact number and then discuss the problem. Don't spend too much time on this forum, time is limited. Once you explain the problem to them they may advise you what should be the best course of action. The core may not be directly involved, but at least they may guide you in the right direction.
Regards.
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arunmurthy
10-01 05:56 PM
You still dont know how to write Hindi. I was appreciating psaxena's hindi comment.
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gapala
03-20 10:19 PM
This is not visa portability as defined by AC-21.
Not same as, lets call it portability.
That is what I said. Its not portability.
Not same as, lets call it portability.
That is what I said. Its not portability.
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GCard_Dream
03-20 08:46 PM
So are you suggesting that everyone in EB3 ROW is unskilled professional?
And I think you need some reading lessons .... read my post ... the comparison is between categories for eg EB2 for IN/CHina vs EB3 for ROW
And I think you need some reading lessons .... read my post ... the comparison is between categories for eg EB2 for IN/CHina vs EB3 for ROW
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arrarrgee
07-18 01:12 PM
LOL...Couldn't help myself after reading this thread... Guys who are frustrated..i totally commiserate with all of you who are stuck in BEC..All the july filers would be eligible to file for their 485s and would get their EAD's ad AP's a couple of months earlier than the folks stuck in BEC.The BEC folks would get them too when the dates move starting Oct 1st.
Its ultimately the PD thats important for the green card..since you already have your PD much before than the june fliers,you always have your place in the GC line. Unless you guys come and join us its not gonna move...
Its ultimately the PD thats important for the green card..since you already have your PD much before than the june fliers,you always have your place in the GC line. Unless you guys come and join us its not gonna move...
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piyushvora
05-20 08:45 AM
Transaction ID: 9BK50167HC394604P
An email with your order summary has been sent to CCCCCCVVVVVV@yahoo.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966Go to PayPal Account Overview
An email with your order summary has been sent to CCCCCCVVVVVV@yahoo.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966Go to PayPal Account Overview
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franklin
09-27 04:22 PM
If I am offending anyone who tries to predict on visa bulleting cut-off days, I am sorry for doing so in advance. The agencies involved in this process themselves are out of clue and it is clearly pointed out by ombudsmen himself. I am still puzzled how they derive the cut-off days every month without such statistics? In the past there were numerous statistics regarding the cut-off date prediction and not even came close to what is getting published. This is one department who defy any logic in determining the cut-off dates. I think it is mere waste of time and energy in trying to do so at our end based on my past experience.
Thanks
No offense taken - I totally agree
Thanks
No offense taken - I totally agree
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mallikonnet
07-21 06:58 PM
Thanks for your inputs. Please also read my previous message. If there is a less non-confronting approach that is equally good in bringing this to the attention any authorigy and resolving it amicably we should be all for it.
- So can IV help us by filing a petition/letter to DOL/UCIS or the other relevant authority towards this cause...basically explaining the plight of the affected people and how they have been affected by DOL not doing FIFO processing of the labor applications in the traditional process.
IV core team, please provide us some guidance and please help us here.
- I do agree if the petition doesn't work out then we can think on the law suit. OR we can explore that option and start getting the details of the process parallely so that we have all the information in hand. But if a petition isn't possible (which I doubt) then we should be able to swiftly act on the lawsuit.
HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.
1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.
I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....
GOOD LUCK
- So can IV help us by filing a petition/letter to DOL/UCIS or the other relevant authority towards this cause...basically explaining the plight of the affected people and how they have been affected by DOL not doing FIFO processing of the labor applications in the traditional process.
IV core team, please provide us some guidance and please help us here.
- I do agree if the petition doesn't work out then we can think on the law suit. OR we can explore that option and start getting the details of the process parallely so that we have all the information in hand. But if a petition isn't possible (which I doubt) then we should be able to swiftly act on the lawsuit.
HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.
1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.
I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....
GOOD LUCK
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07-08 11:06 PM
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05-17 12:10 PM
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santb1975
06-26 05:31 PM
Please co-ordinate with Nixstor on this
I am willing to do it. I did call up the local senators and congresspeople about supporting the bills. I have asked the GM of my company to give me some political contacts (am still waiting on him) since he had recently gone to DC to do some lobbying for small businesses. Let me check in the DC/MD forum and figure out who we should target/meet.
I am willing to do it. I did call up the local senators and congresspeople about supporting the bills. I have asked the GM of my company to give me some political contacts (am still waiting on him) since he had recently gone to DC to do some lobbying for small businesses. Let me check in the DC/MD forum and figure out who we should target/meet.
qualified_trash
06-30 11:07 AM
The only positive I can take from this is that it will remove most if not all the US masters degree holders from the general queue.
It may take time but atleast for people such as myself (direct H1B in 1999), we can move up in the queue.
I sincerely hope that IV supports this initiative.
It may take time but atleast for people such as myself (direct H1B in 1999), we can move up in the queue.
I sincerely hope that IV supports this initiative.
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