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H:confused: ow do you all get around with "there has to be no US citizen that is able or willing to take up the job" thing?

Thanks Raj for your reply.

- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

- Can I file my 485 with pending answer on I-140 amendment?

1. Yes you can certainly do that too.

2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.

My lawyer says that her status is AOS from nowonwards. Even I can change job, that dosen't cause any issues for her 485, she says. What do you guys think? I want to change job. Also, I have read from some other forum, it would be good to work for the sponsoring company for 6 to 1 year after get the gc.

got it, sonu. Thanks; clear as water now!

skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.

Recently I heard about RFE on medicals for some of my friends. All of them who got RFE on medicals, entered US using AP.

Do you had any travel outside US and used AP to enter?

I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
Got RFE for both of us.

Could be. Nice Find.

Thanks for the comments guys. I appreciate them.

KAC

Dessoya gets my vote. Outstanding! :thumb:

nice work everyone :)

Guys,

The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.

No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.

However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.

Current Green Card Ajudication duration = {(PD Date) � (Current Date) + [security/Background Check (IBIS etc.)] + Name check + (1 OR 2 OR 3 FP�s) + (RFE�s AND RFE response times) + [nterview (if called for an interview)] + [Country AND Category(EB) specific Retrogression] + [(time behind applications which had older PD�s but later RD�s filed during Jun/Jul bulletin Fiasco)] + [USCIS errors (includes, sending FP�s to old address AND/OR other errors)]}

I-140 was approved on october 08, 2002
and it was filed on may 20, 2003

i dnt think that my dad filed I-485.

Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.

http://www.immigration.com/newsletter1/amendac21.pdf

Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.

I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.

My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

good luck!!!

Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.

Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...

Welcome to our newest member rockets12345!

3871 and counting...

29 more to go!!

Chances for an audit are 95%:(

How u know that the chances are 95%? Why can't it be 5%? :D

I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.

sparky_jones: can you give us your write up to USCIS regarding this missing field information. What was in the letter regarding this field. I plan on sending a letter to them providing this information.

I attached a sheet of paper to my supporting documentation with the following heading in bold: "Correction Requested for e-Filed Form I-765
Receipt # ***-**-****"

Below that, I simply put the following statement:
"Please update Item 12 �Date of Last Entry into the US� for Form I-765 to **/**/****. This field was omitted during the e-Filing process."

hi i have a question here:

suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.

hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?

You should be happy. In the next 2-3 months your PD will be current. I am confident your PD will soon be current.

There is a seperate thread on this. Look it up.


can some one point to the right thread. Thanks in advance

Welcome to our news member Selvaela..

Good job Samcam...keep up the good work :)

I had started this thread some time back. And I thought to return back and update you guys what happened.

I called up the USCIS and changed the address about 4 days back.
They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.

But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.

So finally it ended up that I got my reciept notice before my travel. I am relaxed now.

Lesson:
Update USCIS as soon as you change the address.