tennisanyone
07-16 02:18 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
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bluekayal
09-19 02:17 PM
I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.
One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).
My lawyer says we will not win and does not want to do it. Any advice?
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.
One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).
My lawyer says we will not win and does not want to do it. Any advice?
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onemorecame
06-26 04:14 PM
Paying all money from my own pocket
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sayonara
10-15 12:23 PM
Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...
more...
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cinqsit
09-15 10:57 PM
This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
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chanduv23
12-05 09:09 AM
Also note that, most times, paralegals or attorneys do things that are wrong and they knowingly do it for some advantage of theirs. Certain things are not on paper, and they discuss it over the phone. When something wrong happens, they deny that they ever did it.
I am of a strong opinion that we must have face to face discussions with attorneys before they deal with our case.
My company's attorney always communicated only on phone or emails, and at times this makes me nervous. Same with my wife's attorney. He once cancelled a face to face appointment he owed us, because of some other important thing that he had.
In this system, if someone suffers, it is us and no one else, everyone will escape and try to blame us. One must be very careful.
Also be extra cautious when dealing with para legals. Most times, they have no clue what they talk, it is always better to deal with the Attorney in decision making, and as pappu suggested, it is always good to seek opinion from another attorney as a consultant.
I am of a strong opinion that we must have face to face discussions with attorneys before they deal with our case.
My company's attorney always communicated only on phone or emails, and at times this makes me nervous. Same with my wife's attorney. He once cancelled a face to face appointment he owed us, because of some other important thing that he had.
In this system, if someone suffers, it is us and no one else, everyone will escape and try to blame us. One must be very careful.
Also be extra cautious when dealing with para legals. Most times, they have no clue what they talk, it is always better to deal with the Attorney in decision making, and as pappu suggested, it is always good to seek opinion from another attorney as a consultant.
more...
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dreamworld
05-05 12:24 PM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
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kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
more...
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RamBihari
02-16 03:59 PM
If each state in India were a country
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
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GCEB2
06-24 10:34 PM
Thanks for replying.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
more...
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tjayant
09-01 02:52 PM
this is a humours thread we should have more like this thread than the GC stuff who cares
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Ramba
07-25 04:40 PM
Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.
However, this may require aggressive follow up with USCIS.
However, this may require aggressive follow up with USCIS.
more...
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punjabi
01-28 09:47 AM
CONGRATULATIONS!!!
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
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gcpain
05-20 03:59 PM
1. If ur attorney is an AILA member, Check ur status through AILA
- My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?
2. Call the USCIS customer service and submit an SR request
- What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.
All you Immigration gurus, please advice. Thanks in advace fot you all.
- My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?
2. Call the USCIS customer service and submit an SR request
- What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.
All you Immigration gurus, please advice. Thanks in advace fot you all.
more...
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abhisam
07-19 03:20 PM
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute...
Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute...
Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.
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harivenkat
06-28 03:17 PM
Huge demand to live in U.S. part of illegal immigration problem (http://www.azcentral.com/arizonarepublic/news/articles/2010/06/28/20100628legal-immigration-high-demand.html#comments)
WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.
But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.
In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.
Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.
But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.
But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.
Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.
"Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.
Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.
Temporary visas
Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.
Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.
Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.
Permanent residents
A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."
People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.
Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.
Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.
Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.
Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.
There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.
The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.
The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.
A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.
Naturalized citizens
In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.
An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.
Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.
Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.
The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.
WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.
But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.
In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.
Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.
But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.
But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.
Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.
"Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.
Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.
Temporary visas
Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.
Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.
Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.
Permanent residents
A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."
People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.
Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.
Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.
Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.
Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.
There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.
The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.
The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.
A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.
Naturalized citizens
In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.
An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.
Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.
Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.
The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.
more...
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rangaswamy
02-26 07:17 PM
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)
As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.
Most important, she can accept scholarship and internship offers through the course.
The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.
I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.
DISCLAIMER: all of the above information is based on other posts and some articles outside IV.
I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)
As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.
Most important, she can accept scholarship and internship offers through the course.
The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.
I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.
DISCLAIMER: all of the above information is based on other posts and some articles outside IV.
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snathan
05-04 01:45 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
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shana04
08-09 12:55 PM
1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to approve that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to approve that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.
no_more_anger
02-06 05:46 PM
> If you are promoted as IT manager having significant overlap of job functions, you should be fine.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
kishdam
10-25 04:48 PM
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
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