p_kumar
11-25 09:12 PM
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
How do you know that your namecheck is cleared?. thanks
How do you know that your namecheck is cleared?. thanks
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arnab221
04-24 10:00 AM
The schedule of the meeting is as below .
Wednesday 04/30/2008 - 2:00 PM
2141 Rayburn House Office Building
You could watch the webcast through a hyperlink at this page .
http://judiciary.house.gov/schedule.aspx
Wednesday 04/30/2008 - 2:00 PM
2141 Rayburn House Office Building
You could watch the webcast through a hyperlink at this page .
http://judiciary.house.gov/schedule.aspx
rkotamurthy
09-30 08:10 PM
bump ^^^^
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nashorn
08-12 03:14 PM
Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
more...
gc_on_demand
04-04 10:41 AM
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
UKannan
09-19 09:15 PM
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
Did u get the visa?
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
Did u get the visa?
more...
Caliber
05-31 10:28 AM
The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !
My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.
My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.
2010 (DEAD) Mortal Kombat with
deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
more...
getrdone
02-23 06:23 PM
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
I used AC21, been Ok !!
I used AC21, been Ok !!
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vikramy
11-19 07:00 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
more...
stupendousman11
08-07 10:40 AM
Decided to go ahead and mail in the medical reports along with copies of our 485 receipts since my PD became current in the Aug bulletin. Hoping this will prompt them to dust off my application since I haven't had a LUD for quite sometime.
Sent it about 10 days back but haven't seen an update yet.
Sent it about 10 days back but haven't seen an update yet.
hot Jade.jpg picture by
sendmailtojk
03-31 11:44 PM
At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
Cheers.
more...
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arorasa
01-01 01:20 AM
Good thread. Encourage more people to vote !
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chandrajp
08-15 03:56 PM
Did you use AC21? how long ago you applied for 485?
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
more...
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cal97
08-15 08:01 PM
I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.
This is what I know can be done:
1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.
2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.
3. File for I-140 and after approval file for CP.
I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.
Hope this helps.
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
This is what I know can be done:
1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.
2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.
3. File for I-140 and after approval file for CP.
I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.
Hope this helps.
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
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leoindiano
08-28 10:50 AM
Pappu,
I am not a recurring payment subscriber. I dont want to be. I still contributed 600$. That is like a monthly contribution of 25$ for 2 years. I am not sure why i have to explain this.
Only recurring subscribers are Donors? Is that a new definition?
I am not a recurring payment subscriber. I dont want to be. I still contributed 600$. That is like a monthly contribution of 25$ for 2 years. I am not sure why i have to explain this.
Only recurring subscribers are Donors? Is that a new definition?
more...
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san3297
09-04 04:39 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.
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gcformeornot
12-31 12:54 PM
vote
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LostInGCProcess
11-10 05:05 PM
Hi,
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
gc_on_demand
01-08 03:23 PM
from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
One major flaw in this one :
What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??
More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.
I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
One major flaw in this one :
What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??
More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.
I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.
wandmaker
03-26 01:19 AM
My employer had mentioned a salary of 87,000$ in my labor.
Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.
Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.
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