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I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?


At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

roger... now that you raised some panic and got cleared away, why not atone by contributing back to IV??????

;) :mad:

The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.

I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case

There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485

The first process is common and said to be proven. But the second is not very common.

But I have come to conclusion that both of them work.

Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.

That's awesome! What made you think of doing that?

Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.

Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.

PD: MAY-2002 (EB3 India)
I-140/I-485 filed: 28-JUN-2007 (NSC)
I-140/I-485 RD: 24-JULY-2007
I-140 Approval: 05-SEPT-2007
EAD/AP: OCT-2007

The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)

While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.

Bottom line: get a consultation from a good attorney before giving it up.

Good Luck.

Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

All the best!!

I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!

I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.

I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.

One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!

Monday, June 4, 2007

2:30 p.m.: Convene and begin a period of morning business.



Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.

Morning business @ 2:30 p.m. ??

Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.

You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa

yes u are

Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...

It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.

Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...

Applying AC 21 will save u in case ur old employer tries to revoke 140...

I-9 is a USCIS document so i would guess it goes to uscis

You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf

It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"

Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

http://timesofindia.indiatimes.com/articleshow/1463861.cms

My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!

Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!! :D
As for me 2 more months...please October Visa bulletin be nice to me! :rolleyes:
Hey thanks a lot for the info, good to know USCIS just confirmed that.

what can i do with my EAD then?
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom

Hi

Can I file for the I-485 before july 1st 2007?

I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?

thanks for your help.

Not if your priority date became current in the July bulletin, no

It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st

Also, PACE act is almost guarenteed to go through; We can spend all the energy to push the immigration bill to get it through the conference and then get killed again either in Senate or House because of the guest worker program.

remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.