EB3_SEP04
01-29 03:43 PM
USCIS might be processing the applications in the order of recipt date
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
That's my guess, I have not seen their SOP (std operating procedure).
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
That's my guess, I have not seen their SOP (std operating procedure).
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pani_6
07-03 06:24 PM
So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..
paskal
06-13 02:50 PM
Is anyone actually coordinating this or are we simply wasting our time posting messages here?
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
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meridiani.planum
12-11 12:26 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
more...
desi3933
05-10 09:28 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Khali dimag shaitan ka ghar
(Translation: An idle mind is a devils workshop)
.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Khali dimag shaitan ka ghar
(Translation: An idle mind is a devils workshop)
.
Administrator2
05-08 09:30 PM
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
more...
nchendica
06-24 06:53 PM
I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?
Thanks,
Naga
Hi,
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
Thanks,
Naga
Hi,
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
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dixie
07-18 05:10 PM
It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.
My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.
I accept that there are lots of loop holes in my calculations as it didn't move a single day.
Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?
I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.
Many people say uselessness of predictions but I think we can predict to certain extent.
There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.
Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.
But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.
My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.
I accept that there are lots of loop holes in my calculations as it didn't move a single day.
Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?
I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.
Many people say uselessness of predictions but I think we can predict to certain extent.
There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.
Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.
But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.
more...
abc
09-07 06:51 PM
Put the year also to get an idea.
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willigetagc
08-13 01:57 AM
another distraction for the officers? already they are eagerly waiting for the visa bulletin (just like all of us) to decide on future course of work... :D
Now they might all just forget work, come out and dance to the marathi number... :eek:
Now they might all just forget work, come out and dance to the marathi number... :eek:
more...
Aah_GC
08-16 11:35 AM
I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.
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talduk
March 24th, 2005, 01:21 AM
Hi all,
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.
Please please advice. :(
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.
Please please advice. :(
more...
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krishna007
05-05 03:15 PM
I am similar situation (not laid off, but would like to change to employer other than one for which H-1B is approved) and spoke to a lawyer. You can apply for H-1B transfer even before Oct1st(H-1B start date). But, apply in premium processing so that your CAP-GAP benefit will not get screwed up.
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lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
more...
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uma78
06-02 11:10 AM
Hehe ... thanks for enlightening the folks here but to tell you the truth - I have been doing this for years using Photoshop for all of my family and friends, just that I go to Fedex Kinkos which costs me .42 for a single 4x6 print ... :)
apume, you have been using it for years, but did not feel like sharing with anyone like hinvin66 ;). Thank you hinvin66 for sharing the info with us. :)
Don't attack me for pointing out the fact.
apume, you have been using it for years, but did not feel like sharing with anyone like hinvin66 ;). Thank you hinvin66 for sharing the info with us. :)
Don't attack me for pointing out the fact.
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sprash
03-08 11:49 AM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
more...
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nozerd
09-14 12:47 PM
When is the next lawyers call ? I wanted to ask a question but cant find any details. Please inform.
Thanks
Thanks
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arnet
11-17 01:16 PM
Thanks Yoshi and alien2006 for posting your experience. As everyone here said, after waiting for one hr over phone, the USCIS rep is not answering our questions properly -puts even more additional pressure on us.
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EndlessWait
02-21 03:41 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
gotgc?
08-13 10:49 AM
bumping...