desi485
12-03 01:28 PM
There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.
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indian
04-27 03:11 PM
Onemay,
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
jay
07-07 12:40 AM
Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?
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kaisersose
07-20 01:36 PM
The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
more...
raydon
08-05 07:28 PM
lonedesi,
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
BharatPremi
07-05 01:31 PM
Guys,
Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.
Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.
more...
immi2006
08-18 10:45 AM
There are a few hundred cases of Eb2 and 3 getting approved in my American company.
People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.
Anyway, good luck to all
People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.
Anyway, good luck to all
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singhsa3
09-11 04:53 PM
I just got red dot from someone. My freind why not you reveal yourself . I am just suggesting some ideas, if you don't like it please have courage to discuss in open.
more...
amitjoey
07-18 04:20 PM
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
I wish we make it only for contributing members.
I wish we make it only for contributing members.
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santb1975
05-22 07:58 AM
Good suggestion
Come forward and contribute for your own cause.
Come forward and contribute for your own cause.
more...
Edison99
02-03 02:55 PM
Congrats and good luck with your GC process !
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
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unseenguy
06-11 07:56 PM
I am happy for following things in life:
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
more...
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ychousa
07-18 07:25 PM
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule.
How do you check the current or eligible PD of VISA numbers after you've filed I-485?
How do you check the current or eligible PD of VISA numbers after you've filed I-485?
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Milind123
09-17 11:49 AM
It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.
more...
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munnu77
03-09 10:39 AM
indio0617...thank you for the updates...thank u very miuch
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little_willy
07-20 02:53 PM
The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.
My employer applied for labor for 8 of us in our organization of 50 ppl. This is in the middle of 2003. I am the only one left at this point as the rest of them moved to different employers or got GC through their spouse. Also, I know for a fact that those labors were not substituted. This may have happened else where too. So, i guess the total I-485 applicants will be around 400K including dependants and won't be as high as being speculated every where.
My employer applied for labor for 8 of us in our organization of 50 ppl. This is in the middle of 2003. I am the only one left at this point as the rest of them moved to different employers or got GC through their spouse. Also, I know for a fact that those labors were not substituted. This may have happened else where too. So, i guess the total I-485 applicants will be around 400K including dependants and won't be as high as being speculated every where.
more...
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pani_6
08-14 05:56 PM
Yes June may be June 07 and so you may see dates moving to June 03..lets see next month..
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guy03062
03-16 03:25 PM
Can u pls post the content?
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
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Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
ind_game
05-15 09:50 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
tinamatthew
07-20 09:18 PM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I am not in this situation (schedule A), but I would love to call. Do you think it is ok to call without a case number?
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I am not in this situation (schedule A), but I would love to call. Do you think it is ok to call without a case number?
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