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zerozerozeven
03-09 12:17 PM
let the waiting start for the May bulletin....
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gcdreamer05
03-09 01:47 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
actaccord
03-01 04:02 PM
.....
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tooclose
07-12 06:52 PM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
more...
WillIBLucky
12-29 08:45 AM
good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
alex99
11-14 05:09 PM
bump
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rajuseattle
07-14 07:41 PM
ajthakur,
competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.
If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.
This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.
Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.
I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.
Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.
If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.
This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.
Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.
I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.
Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
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rajsand
09-26 12:22 PM
Thanked her, appreciated her and also
requested her to look into our issues and come up with something similar for all of us looking to shroten the route to GC!
requested her to look into our issues and come up with something similar for all of us looking to shroten the route to GC!
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BumbleBee
08-02 02:32 PM
Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.
Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.
Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D
Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.
BumbleBee
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.
Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.
Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D
Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.
BumbleBee
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milind70
05-05 06:07 PM
Hi friends,
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.
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ramus
07-03 03:07 PM
bump.
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Jerrome
07-12 05:28 PM
I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, keeping PD with 2004 would be a loss for china and gain for India. So by keeping 2006 June, USCIS will have enough visa numbers for China . India's share will be consumed by 2004 and 2005 applicants.
Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.
If USCIS follows the same rule again then by next year end the PD for India will move.
This is my guess.
Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.
If USCIS follows the same rule again then by next year end the PD for India will move.
This is my guess.
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am100
06-28 10:39 PM
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
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gcnirvana
07-12 04:50 PM
I think you are in. Good Luck!
Mine is 3/21/06. So close...yet seems like so far :(
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
Mine is 3/21/06. So close...yet seems like so far :(
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
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arvindkappula
01-19 12:19 AM
Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
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serg
07-01 09:46 PM
Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.
He/She crossed the line somehow.
Yep, go ahead and ask to delete all newcomers who've been here less then {insert # of days}, or who can't contribute, or just anyone who was waiting for promised update (thanks Pappu for update).
He/She crossed the line somehow.
Yep, go ahead and ask to delete all newcomers who've been here less then {insert # of days}, or who can't contribute, or just anyone who was waiting for promised update (thanks Pappu for update).
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inskrish
08-16 12:59 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
Sorry, you are late to the party.:)
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
Sorry, you are late to the party.:)
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prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
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sprash
02-02 01:42 PM
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
bigboy007
06-30 06:54 AM
Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?
singhsa3
03-05 07:08 PM
Thank You Kutra and Pegaus03
I will keep folks posted on the direction this campaign is taking.
I will keep folks posted on the direction this campaign is taking.
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