thirumalkn
07-23 06:26 PM
Hi all,
I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.
If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.
1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.
Please provide references if there are any clear legal / procedural documents explaining this online.
I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.
If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.
1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.
Please provide references if there are any clear legal / procedural documents explaining this online.
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deardar
09-14 03:38 PM
i hear as if some aliens are speaking .
qualified_trash
11-15 09:08 AM
I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that
I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??
how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.
I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??
how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.
2011 ABT VW Golf GTI
ddanait
02-07 04:24 PM
True and I don't blame them, my priority date is 10th August 2007 and I haven't seen much progress since then. Last year during advocacy day in washington the turn out was pretty low, let's hope we will have better turn out this year and will make our voice heard.
We pay all the taxes including social security being on work visa, why should we be made liable to pay these taxes when the beneifts will be reaped only by citizens. An individual should be made to pay SS taxes only after he becomes a permanent resident. We are made to pay each and every tax without getting anything in return except an ambiguos future for us and family.
We pay all the taxes including social security being on work visa, why should we be made liable to pay these taxes when the beneifts will be reaped only by citizens. An individual should be made to pay SS taxes only after he becomes a permanent resident. We are made to pay each and every tax without getting anything in return except an ambiguos future for us and family.
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ronhira
10-20 12:44 PM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....
there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....
aadimanav
12-28 02:06 PM
NSC Dec 2007 Processing Times says:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
"..The processing times shown below are for applications that have just been completed..."
In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.
Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
"..The processing times shown below are for applications that have just been completed..."
In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.
Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
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jr8rdt
11-21 03:04 PM
I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
2010 New Volkswagen Golf GTI
dixie
08-21 09:58 PM
The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
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indio0617
12-31 07:52 AM
Guys ,
Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?
YES. I believe that will certainly be re-introduced as one of the measures in 2006
Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?
YES. I believe that will certainly be re-introduced as one of the measures in 2006
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Pasquale
01-20 05:49 AM
Haha this is great :D
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mhathi
05-16 11:19 AM
I have called all the members identified on the thread. They
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
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nk2006
07-05 12:58 PM
possible reasons
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
more...
house 1995 VW Golf VR6 and 1997 VW
amoljak
10-16 02:03 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
tattoo 1995 Vw Golf Vr6 And 1997 Vw
pratikgr
08-09 08:55 AM
Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
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madhu345
03-14 07:09 AM
From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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amitjoey
10-23 11:57 AM
No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
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ravindrajadeja
04-29 04:09 PM
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
girlfriend 2005 Volkswagen Golf Gti Vr6
tikka
07-05 11:24 AM
OK.. We have almost 200 Ready to send flowers...
http://immigrationvoice.org/forum/showthread.php?t=6025
1. The date will be July 10.
2. Color of the flower is white (peace)
Q1. Let us know Where to send....
Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.
please check
http://immigrationvoice.org/forum/showthread.php?t=6025
1. The date will be July 10.
2. Color of the flower is white (peace)
Q1. Let us know Where to send....
Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.
please check
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minimalist
11-16 10:39 PM
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.
Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.
Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.
zigma
04-06 07:21 AM
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
singhsa3
08-29 01:01 PM
I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
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