tooclose
08-12 05:32 PM
How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts
Gurus... do you know how long this takes usually ?
Gurus... do you know how long this takes usually ?
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WeShallOvercome
07-08 12:43 PM
I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
lahiribaba
03-01 02:28 PM
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
Well the Government might be moderately interested but I doubt Microsoft's executives will be .. they will simply push more jobs to Hydrebad instead of Seattle.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
Well the Government might be moderately interested but I doubt Microsoft's executives will be .. they will simply push more jobs to Hydrebad instead of Seattle.
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gc_check
05-31 09:03 AM
Health Care professionals have greater lobby power and resource and are backed by their Industry as well. Well, this does not translate directly into any benefit for EB3, but might help few nurse get off the queue. But demand in this sector is also high.
General EB3 !!! seems to be in a pathetic state at least based on today's public data available !!
General EB3 !!! seems to be in a pathetic state at least based on today's public data available !!
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caliducas
07-20 11:30 PM
EB3 delivered on 07/03 at 9:03AM via FEDEX
fcres
06-18 11:39 PM
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
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Openarms
05-27 12:24 PM
This is one of the most important bill for all our current chronic problems... once we get to solve these with this bill... we can focus futuristic goals as mentioned in IV list.... IV admin should make this an important thread and follow..encourage people to follow with congressmen and senators.
By the way whose effort is behind this bill introduction??? Is IV core has any role in this???
By the way whose effort is behind this bill introduction??? Is IV core has any role in this???
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vparam
09-20 10:09 AM
I had posted the prediction stuff as a simple questions... sorry if i had created ripples within this young movements....
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ganguteli
04-08 12:17 PM
See
http://immigrationvoice.org/forum/showthread.php?t=24331&page=2
and you want to jeopardise the hard work just so that you get $25 worth. I think core team is wise not to get influenced by annonymous rants, management preachings and demands for transparency and management ethics.
You need to first preach to your employer that is exploiting you and the lawyer who is charging you so much and yet you do not have a green card.
Core, please do not listen to these people and do what is the right thing in the interest of everyone. Do not try to satisfy a few nuts who do not know what they are saying.
http://immigrationvoice.org/forum/showthread.php?t=24331&page=2
and you want to jeopardise the hard work just so that you get $25 worth. I think core team is wise not to get influenced by annonymous rants, management preachings and demands for transparency and management ethics.
You need to first preach to your employer that is exploiting you and the lawyer who is charging you so much and yet you do not have a green card.
Core, please do not listen to these people and do what is the right thing in the interest of everyone. Do not try to satisfy a few nuts who do not know what they are saying.
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pappu
05-10 09:42 AM
2007 DC Rally Blog
Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)
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Full Page color ad in Roll Call
http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf
Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)
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Full Page color ad in Roll Call
http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf
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InTheMoment
08-01 07:36 PM
raj3078,
Order of processing has nothing to do with PD being current. Now this is not an opinion it is a crystal clear CIS pronounced fact. (http://www.murthy.com/news/n_nsccpr.html)
Pre-adjudication where work continues irrespective of visa # availability (where everything else is done except visa # allocation) happens as per the RD of the I-485.
Now even if gc101's I-485 get's pre-adjudicated sometime next year w/o PD being current his I-485 is not "approved" unless visa # is allocated. Now suppose his PD becomes current after his app. is pre-adj., he has very little time to add the spouse name as there is chance like in June that they may quickly assign the visa # and "approve" the file in days.
So gc101 would be safe if his PD becomes current before his file is pre-adj or get's stuck (!) in something like FBI namecheck after pre-adj. which might allow him time to add his wife's name.
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
Order of processing has nothing to do with PD being current. Now this is not an opinion it is a crystal clear CIS pronounced fact. (http://www.murthy.com/news/n_nsccpr.html)
Pre-adjudication where work continues irrespective of visa # availability (where everything else is done except visa # allocation) happens as per the RD of the I-485.
Now even if gc101's I-485 get's pre-adjudicated sometime next year w/o PD being current his I-485 is not "approved" unless visa # is allocated. Now suppose his PD becomes current after his app. is pre-adj., he has very little time to add the spouse name as there is chance like in June that they may quickly assign the visa # and "approve" the file in days.
So gc101 would be safe if his PD becomes current before his file is pre-adj or get's stuck (!) in something like FBI namecheck after pre-adj. which might allow him time to add his wife's name.
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
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GCOptimist
03-01 11:17 AM
Hi Folks,
I just learnt about this great effort. Thank you very much for all the effort you are all putting in. The least that i can (every one can) do is to contribute to support this great effort. I just now joined the group and contributed.
Thank you all,
Another GC Optimist.
I just learnt about this great effort. Thank you very much for all the effort you are all putting in. The least that i can (every one can) do is to contribute to support this great effort. I just now joined the group and contributed.
Thank you all,
Another GC Optimist.
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somegchuh
08-01 01:57 PM
Guys,
I think we are getting sidetracked here. I think the question for most people who have spend over 6 years in US is that:
1. Education is very different in US/canada compared to India/Asia. Its geared towards creativity as opposed to rote learning. It will take a lot of time to adpat to that system.
2. The competition is definitely way tougher in India/Asia.
3. An average kid has better chances at a financially successful life in canada than in India/Asia.
Coming to the question of ourselves as adults finding jobs in canada ...
I think its definitely going to be easier to find jobs in Bangalore than in Toronto. Offcourse, comparing canadian market to US is pointless. We know US market is way better. Then again we are just talking software jobs. If you keep your mind open to any type of management position or business opportunity I think you will have better opportunity in Canada than elsewhere in India.
Does anyone know of any discussion forums of software guys who have moved from US to canada?
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
I think we are getting sidetracked here. I think the question for most people who have spend over 6 years in US is that:
1. Education is very different in US/canada compared to India/Asia. Its geared towards creativity as opposed to rote learning. It will take a lot of time to adpat to that system.
2. The competition is definitely way tougher in India/Asia.
3. An average kid has better chances at a financially successful life in canada than in India/Asia.
Coming to the question of ourselves as adults finding jobs in canada ...
I think its definitely going to be easier to find jobs in Bangalore than in Toronto. Offcourse, comparing canadian market to US is pointless. We know US market is way better. Then again we are just talking software jobs. If you keep your mind open to any type of management position or business opportunity I think you will have better opportunity in Canada than elsewhere in India.
Does anyone know of any discussion forums of software guys who have moved from US to canada?
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
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eb2dec2005
09-22 02:13 PM
My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
more...
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mirage
03-19 11:07 AM
You really cannot ask for more EB3 numbers or 'treat EB-3 fairly'...Laws are made by the congress and they provided certain numbers to each country & category. USCIS has to follow these norms and apply those numbers and USCIS has followed the rule and have applied the allocatd numbers to EB-3. Problem is not that they are treating us differently or we are getting an unfair treatment. The problem we are facing is because we are just too many in number and the problem is Congress didn't make any laws to provide relief to people if one country or a category becomes hugely backlogged...unfortunately, the Last time they did any law for EB immigrats, it was in 1999 or 2000 when they brought AC21. Since then there has been huge surge in immigration but everytime anything immigration related legislation was brought in congress, it has been shot down..In my opinion we can get relief only if congress acts upon it, USCIS is working the way there were tld by the congress
Well said. I agree with most of you here.
This can be a move to ask for more numbers for EB3 and to be treated fairly. My EB2 friends with 2007 priority dates are hopeful to get it next year and here I am in EB3 with no hope. There is no reason to be hopeful if we go by last 3-4 years of data as to what happened with EB3,.
One guy here provided with some numbers and logic. If its true that there are many more in EB3 than in EB2, then we must ask for more numbers. Its pure nonsense that an EB2 waits for x years and Eb3 waits for 3x.
MOst importantly we must fight togheter for anything, but commonsense definitely tells some things which this greencard guy noted. As he says there is no reason to hope for anything in EB3 with spillover or anything. It will not spill into EB3. We must ask for fairness and at the same time push for removal of quotas for everyone.
There is no reason why EB2 get upset and if so, then we cant help. We cannot hold our GCs at hold to make you happy. Hope you agree.
Well said. I agree with most of you here.
This can be a move to ask for more numbers for EB3 and to be treated fairly. My EB2 friends with 2007 priority dates are hopeful to get it next year and here I am in EB3 with no hope. There is no reason to be hopeful if we go by last 3-4 years of data as to what happened with EB3,.
One guy here provided with some numbers and logic. If its true that there are many more in EB3 than in EB2, then we must ask for more numbers. Its pure nonsense that an EB2 waits for x years and Eb3 waits for 3x.
MOst importantly we must fight togheter for anything, but commonsense definitely tells some things which this greencard guy noted. As he says there is no reason to hope for anything in EB3 with spillover or anything. It will not spill into EB3. We must ask for fairness and at the same time push for removal of quotas for everyone.
There is no reason why EB2 get upset and if so, then we cant help. We cannot hold our GCs at hold to make you happy. Hope you agree.
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luckylavs
06-18 12:46 PM
THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments
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lola
07-10 11:47 PM
Does it really matter who the messenger is as long as the message gets through?
It probably doesnt seem to be a big issue as it is right now, but I am into Health care and education. In my experience, I have seen issues like this grow beyond proportion and have seen undeserved people dragging away credit from the deserved. I didnt intend to make a post even though I saw they were taking credit for it. When I saw Emigration voice, I felt that they do have more malicious intentions. If it is really a typo, they should be willing to issue a press release that the credit goes to IV and the non existing EV.
HTH
It probably doesnt seem to be a big issue as it is right now, but I am into Health care and education. In my experience, I have seen issues like this grow beyond proportion and have seen undeserved people dragging away credit from the deserved. I didnt intend to make a post even though I saw they were taking credit for it. When I saw Emigration voice, I felt that they do have more malicious intentions. If it is really a typo, they should be willing to issue a press release that the credit goes to IV and the non existing EV.
HTH
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ThinkTwice
09-21 01:37 PM
And why do you think the White House was in touch with Immigration voice leaders and not with some corporate lawyers during the July 2nd fiasco if they did not recognize the strength and commitment of the skilled immigrant community and btw what makes you say 'july 2nd will never happen again.' what are you? God?
I smell a closeted Anti Immigrant here.....
you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...you can campaign till the cows come home and you aren't going to get squat.
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
I smell a closeted Anti Immigrant here.....
you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...you can campaign till the cows come home and you aren't going to get squat.
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
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mikesin
04-07 06:08 PM
Thanks Karthik but I am just an MS :)
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Out of curiosity, what are your thoughts on ROW EB3?
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Out of curiosity, what are your thoughts on ROW EB3?
bkr
08-25 12:20 PM
Yes, I am also in the same boat. Filed my 9th year extension in March, responded RFE during 1st week of August. Mine will be expiring in 3 more days. Hoping to get the extension soon.
GCwaitforever
03-01 05:01 PM
One of my friends in DC is going to guys with pending labor/485 and planning to get some funds. I will keep you posted.