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Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.

I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.

Hi All,
I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.

peace........

If you get laid off, find a company at a rate that will meet your minimum LCA wages requirement for H1B (W2) or EAD (I will approximate the wages mentioned in labor document). I think you have 30 days of buffer, but I will find something right away.




There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


really need to know this based on the market situation.

How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?

According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.

When i went with infopass for some other issue back in feb I was able to get the status without issues.

you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.

My lawyer and I both tried using this link but we keep getting error messages.
Has anyone got any updates on their cases on this link?
Yes, I told my lawyers next day after the site was opened and they confirmed that my case is in the system and "In Process," although, �In Process� is a very broad term � it does not tell me where in the queue my case is, when it will start to be worked on, i.e. the time factor and estimations are missing. It is really bad, bad system ;-(

but we do get the original FP notice , right?

That is correct. I meant Lawyers get copies. we get the originals.

A bit better but still a little grey. I don't think you can get detail on the chest area for instance and keep the blacks looking black on the rest of the bird.

I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.

Here is another version, with FM shadow recovery set to 2 - and I used a mask to limit it only to the darkest areas.

By the way - when I opened the attachment it looked washed out to me too, because it opens in windows rather than in Adobe PSCS2. They use different colourspaces. - try opening the attachment in an adobe colourspace and see if it makes a difference.

Re the autofocus, it may be that the 100-400 doesn't allow AF. There is absolutely none on the setup I'm using - a 350D + the 100-400L + type II TC 1.4

I think we have till July 31st. About 2 weeks.
one silly question. How weeks do we have in hand to file 485?

Yes... someone should start a SPAM thread...

to let off some agressions that is...


ahh what the h*ll.. we answered his question in the beginning...

I think if they did not get the interview already, they will need to wait until the dates become current again. If they have interview scheduled in July, they can go a head and attend the interview and get the GC.

While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?

Chorke na jao saiyaan... :D
CONGRATS buddy!

Did you use an approved labor?

the RFE was on Ability to Pay

I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?

Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

Here is a posting I found from a while ago on this..

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341

afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).

Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

Make sure you speak with an attorney who files a lot of marriage-based cases.

Great work :)
Thanks for all the effort made by IV

Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?

Its a emergency travel i cannot avoid. What needs to be done to make my trip

If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.

* i am not a legal expert.

July 2 filer, PD 11/2005.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.

Mercies,

This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.

You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....

One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.

Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.