Saturday, June 25, 2011

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  • frostrated
    06-25 01:17 PM
    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this

    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?




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  • gc_check
    09-08 08:14 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.




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  • plassey
    08-13 10:48 AM
    Congratulations but I was wondering if you are more an exception then a rule...:confused:
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.




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  • waiting4gc02
    02-21 10:07 AM
    Guys:
    Does anyone know why the Service Center Processing still shows as of
    Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!

    I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?

    Thanks



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  • manish1905
    10-07 12:34 PM
    I got same audit in september as well
    the guy came in to my desk and took pictures and i was asked to show my pay stubs
    then they went to my hr and asked all questions
    on being asked he said its the normal procedure
    so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

    Thanks for your info!!!!!




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  • komaragiri
    08-01 01:16 PM
    As soon the 2008 quota opens on October 1st, they will process the current limit within a month and starting from November they can post "U" every category until Sep 15th, 2008.

    They can enjoy Christmas holidays peacefully.



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  • SU1979
    10-09 01:05 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......


    I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?



    Thanks




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  • pappu
    09-02 06:41 AM
    Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.

    It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)

    He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.

    Google the guy, you'll see his rage all over the web.

    These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.

    best,
    Berkeleybee
    A while back someone had pointed out this link
    http://www.numbersusa.com/hottopic/uscis.html
    this shows what numbersusa has been upto. they are asking uscis employees to privately provide them with information that could help with their anti-immigrant cause.



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  • sb15
    01-31 10:25 PM
    Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)

    If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..

    All the best..

    BTW what is your service center, NSC or Texas ?

    Thanks
    sb




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  • jsb
    10-26 11:10 AM
    You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

    I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....

    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).



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  • pointlesswait
    03-16 11:07 AM
    Dont use turbotax for ur taxes..?

    use 1040-nr-ez...paper file it and get more...

    if i am not mistaken.. you can claim rental expenses as deductions if u are on ur first year of H1(only the 1st year)...also since u moved from chi to cin.. you can also claim..job related relocation expense..blah blah..do if u do itemized decuations..u shoudl be able to get truckload of money..... so seek a desi tax guy..

    just ask around..


    Hi,

    How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?

    Also,

    8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
    3 Months of the H1B was in Chicago.

    Can I use Turbo Tax to file my taxes or should I go to an accountant?

    I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".

    I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.

    Thanks,
    Deejay




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  • ujjvalkoul
    01-17 06:08 PM
    2 months is another long wait....I guess it cud be more ....

    Was your at Nebraska Service center too?



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  • jthomas
    06-07 11:31 AM
    I don't think its a good time to change jobs. There are many who are looking for a job after getting laid off. I think till the 2nd quarter of 2010 just keep your job. I may be wrong too.
    the best thing is to keep a open eye all the time and whenever there is a opening in any big project with a good pay hike then move.
    If you have EAD then you don't have to worry about H1B transfer.

    If you like, Join the "job networking on IV" google group and you wouls find many members with your similar skillset.

    J thomas


    Hi
    I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..

    Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?

    Thanks
    kp




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  • tinuverma
    03-17 01:44 PM
    Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?

    There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.



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  • srsrsr
    07-20 06:09 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?




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  • nareshg
    10-02 02:12 AM
    Anyone with Oct 06 or earlier RD still waiting for I-140 approval?

    Me-:(
    I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!

    Are you also waiting for 140 approval ?

    I think h my filing (or was it receipt date) was oct 24, 2006.



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  • ArunAntonio
    11-22 11:59 AM
    I have just emailed CBS and highlighted the plight of the likes of us. I also made it a point to differnetiate the H1b issue and our issue.

    On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*




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  • pcjandyala
    07-22 10:14 PM
    Shana,

    Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

    It's simple process.

    Thanks




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  • Libra
    10-12 09:06 AM
    I think that is standard message, my I-140 RD is sep 20th 2006 and got RFE on ability to pay last month and my employer responded on 10/04 and the online status changed to RFE response received and case processing resumed. its been more than a week no update.

    Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...

    and now USCIS has revieved the evidence they asked for...guess what they say...

    On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    60 more days...come on....




    agc2005
    12-25 03:48 PM
    For me It took about 5 weeks. I think it may take about 30 to 90 days.




    apnair2002
    05-14 08:15 PM
    I will support IV even i have Gc .GO IV.



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