samay
07-30 04:22 PM
Hi,
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.
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okuzmin
10-05 06:15 AM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
mallu
02-12 08:37 PM
http://www.state.gov/s/inr/rls/4250.htm
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ca_immigrant
10-15 03:35 PM
Bhagvan saab ka bhala kare...shuruvath mere se kare.... ;)
ie, May god bless all and may he start with me ;)
easy, do not yell, USCIS is not going to start with me cause of my petition with God.
ie, May god bless all and may he start with me ;)
easy, do not yell, USCIS is not going to start with me cause of my petition with God.
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HumJumboHathuJumbo
09-23 03:05 PM
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
satishku_2000
01-23 04:47 PM
Hey
I agree with you guys that he deservs much more stricter sentence.
Some of the guys work against us because we are sound different and look different. So dont get into that mode ...
These kind of small statements can become a big issue particularly in a public forum like this.
Simple suggestion and peace , I dont mean to offend any one ...
I agree with you guys that he deservs much more stricter sentence.
Some of the guys work against us because we are sound different and look different. So dont get into that mode ...
These kind of small statements can become a big issue particularly in a public forum like this.
Simple suggestion and peace , I dont mean to offend any one ...
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harikris
06-03 10:12 PM
Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.
Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.
The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.
As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.
Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.
Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.
The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.
As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.
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hopefulgc
05-29 09:25 AM
Seems like Mr. charles is full of shit. He is sounding "informed" but i don't think they know what the real numbers are....YET. It showed inadvertently, when he said "based on the Eb3 demand for the rest of the year". Hello.. EB3 is unavailable.
I mean what do you expect him to do when you corner him and start asking him questions. He is gonna have to throw numbers out there to make himself look informed and intelligent and on top of his game.
The sad part is he is going to now set the VBs as he stated here to validate his erroneous statements.
1. Employment-Based Visa Number Movement and Predictions
I mean what do you expect him to do when you corner him and start asking him questions. He is gonna have to throw numbers out there to make himself look informed and intelligent and on top of his game.
The sad part is he is going to now set the VBs as he stated here to validate his erroneous statements.
1. Employment-Based Visa Number Movement and Predictions
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gc_lover
06-28 12:45 PM
"expecting retrogresson ....in first wk of July... " ??
I thought logiclife already clarified that can not and will not happen!!
Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.
I thought logiclife already clarified that can not and will not happen!!
Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.
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bfadlia
02-15 02:22 PM
u r missing my point..
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
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samay
07-28 09:15 PM
Hello there
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.
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paskal
12-13 06:46 PM
unless someone has some concrete information to convince me otherwise.
the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..
the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..
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sj2273
06-11 07:49 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Dear Dilip,
Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!
That does not serve our purpose to be here. Thank you for reading my posting.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Dear Dilip,
Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!
That does not serve our purpose to be here. Thank you for reading my posting.
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racoon786
07-10 11:44 AM
I am planning on moving to Canada in the next 12 months since I already have PR there. I have no hopes for getting GC any time soon and wouldn't want to be toyed by the USCIS, DOS, Senators and all the anti-immigration lobbies out there.
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smisachu
06-16 03:58 PM
On the Mark:)
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
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sobyb
05-01 06:19 PM
"No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians" ... "It is a shame India does not act to protect the interests of its citizens even after this news came up"
The person who opened this thread is not clear about the difference of 'Indian Citizen' and 'Indian Origin' (or Ethinic Indian). Any kind of discrimination faced by these people in their respective countries should be addressed in a non-violent manner and the current world order has its own mechanism to check such acts by majorities/minorities (atleast you get the relevant attention/care if you are not on the wrong side). Terrorism is not the solution to any discrimation ..period! and carrying out terror attacks on the supporting country (Rajiv Gandhi's killing) would only worsen the scenario.
India should work with Srilankan govt to establish democracy, peace and equality in Tamil majority areas and make sure that organizations like LTTE doesn't get the upper hand once again in those areas.
The person who opened this thread is not clear about the difference of 'Indian Citizen' and 'Indian Origin' (or Ethinic Indian). Any kind of discrimination faced by these people in their respective countries should be addressed in a non-violent manner and the current world order has its own mechanism to check such acts by majorities/minorities (atleast you get the relevant attention/care if you are not on the wrong side). Terrorism is not the solution to any discrimation ..period! and carrying out terror attacks on the supporting country (Rajiv Gandhi's killing) would only worsen the scenario.
India should work with Srilankan govt to establish democracy, peace and equality in Tamil majority areas and make sure that organizations like LTTE doesn't get the upper hand once again in those areas.
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Keeme
05-11 10:50 AM
http://news.yahoo.com/s/ap/as_sri_lanka_civil_war
What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.
Congress/ Sonia is seeing this as personal which shouldn't have been the case.
Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !
See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.
What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.
Congress/ Sonia is seeing this as personal which shouldn't have been the case.
Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !
See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.
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oguinan
02-13 11:29 AM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
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eastindia
07-26 02:18 PM
I have been to just one of their meetings in bay area and found it to be a bit childish and full of fake people, people trying hard to portray themselve to be your best friend when in reality they are not
It is a selfish world and nobody is your true or best friend. Amway or no Amway.
It is a selfish world and nobody is your true or best friend. Amway or no Amway.
sachug22
09-17 10:57 AM
Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.
Read this quote from Ron Gotcher, assuming that he is getting the data from CIS sources for EB2 ratio between India/China is 2.5 : 1
Immigration Information Discussion Forum - View Single Post - Collaboration on visa quota data/analysis (http://www.immigration-information.com/forums/33180-post56.html)
Read this quote from Ron Gotcher, assuming that he is getting the data from CIS sources for EB2 ratio between India/China is 2.5 : 1
Immigration Information Discussion Forum - View Single Post - Collaboration on visa quota data/analysis (http://www.immigration-information.com/forums/33180-post56.html)
greenguru
07-16 06:54 PM
Hi vdlrao
Could you please shed more light and your calculations on EB3 - I
Would be of great help if you could give some pointers atleast.
Thanks
Could you please shed more light and your calculations on EB3 - I
Would be of great help if you could give some pointers atleast.
Thanks
