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HV000
03-19 01:26 PM
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

In short, in my opinion..the answer is NO

Wouldn't they atleast get pre-adjudicated if NOT approved??
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jasmin45
07-16 05:45 PM
Its interesting to see how organized they are and how arrogant their wordings are .. Looks like they have quiet a bit of influence in political spectrum.
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Indirant
02-20 09:12 PM
Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
Sekar
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bigboy007
06-10 09:06 PM
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.
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GCMan007
05-08 10:44 PM
Hi

After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.

Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.

I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.

Thanks a lot

Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
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delhiguy
07-09 02:22 PM
http://www.ahslaw.com/documents/AHSLawsuit.pdf


This document gives lot of legal details, states what the lawsuits exactly is..


P.S : I Think its just filed, not accepted by the court as of now
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rdehar
10-12 02:44 PM
Wow. I see a lot of EB-3 are pre-2005 (pre-PERM). Same poll for EB-2 shows most approvals are in PERM period.

Me also is EB-3 India Jun 2004. I-140/485 filed and pending.
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Asian
11-21 10:46 AM
I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.

My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?

Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.

Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.
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gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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Gate_jj
05-07 09:56 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.


Can you please explain the above ....

I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

None of the explaination says this explicitly , does any one know something more in detail ..

Thanks for all the help
-j
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desi3933
01-31 06:00 PM
desi3933,

Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.

But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

I would highly appreciate response.Thank you.

>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

____________________
Not a legal advice.
US Citizen of Indian Origin
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fromnaija
02-14 10:33 AM
I am also from ROW and I support IV's agenda of removal of country quotas among other things. If IV's agenda was only about removal of quotas, then I wouldn't be here too.

However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
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Aah_GC
04-25 10:51 AM
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

Hope this helps...

Thanks much Dude!
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chanduv23
11-22 10:47 PM
[QUOTE=ImmiLosers]Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
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bigboy007
06-11 04:34 PM
Why are Harkin and Sanders supporting this bill. They are both children of immigrants. They need to understand the struggle their parents went through.
There were many instances where IV tried to reach out to them, They are doing this not because they are ignorant. They are aware of the outcomes but their vision is narrowed.
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calgirl
07-12 04:55 PM
Where does it say in the bulletin that it will move in the next bulletin?

QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
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alterego
09-17 10:37 PM
This is no doubt a bad time for the US economy. However the world is not going to collapse. We will nearly certainly see a recession. Outside chance of a depression. The credit markets are frozen, confidence has been shaken, housing is searching for a bottom, unemployment has ticked up a percentage point so far, and the stock market is down about 20%.

However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.

Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.

Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.

If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).

Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
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logiclife
12-20 08:31 PM
On a second thought, If I interpret it correctly...

the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.


I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:

yes, but that happened prior to your last admission in USA and prior to your filing of 485.

Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.

Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.

Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
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spicy_guy
06-10 07:50 PM
Done!
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sanju
04-04 03:22 PM
I still believe this bill may help reshape current mad behavior of H1B application.


And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.

IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.

Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
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Jaani
07-03 01:29 PM
Contributed $100.

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