kamdard
04-08 11:02 AM
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
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
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BEC_fog
04-23 10:55 AM
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!
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!
CADude
07-21 01:10 PM
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
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Rb_newsletter
02-10 12:52 PM
We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.
I like this point.
I like this point.
more...
HumHongeKamiyab
12-17 11:08 AM
Is this family based GC or Employment based?
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
shreekhand
10-04 11:33 PM
:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)
more...
Trinity79
04-08 05:31 PM
I am new here.Thanks I updated it .
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smiledentist
06-14 01:45 PM
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
more...
smiledentist
10-26 11:33 AM
keeping this question alive, please advice
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I-485 approval
08-24 10:52 AM
Hello Prashanthi
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
more...
psaxena
07-07 12:58 PM
Please refrain yourself from passive user of IV. Ganguteli is right, when asked anyone to donate or to volunteer they back out and come back hoping IV will help them , why??
If someone is in trouble is only for the reason we don't are not united. We move in 10 different direction, and also only when there is emotional outburst or some issue, before that nothing.
Think of the guys supporting the Hispanic population, they got their GC, mostly citizens but still helping and funding , what are we doing .. nothing.. on top of it try to suppress someone who try to raise the voice to get together.
Mr Ganguteli!
Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.
If someone is in trouble is only for the reason we don't are not united. We move in 10 different direction, and also only when there is emotional outburst or some issue, before that nothing.
Think of the guys supporting the Hispanic population, they got their GC, mostly citizens but still helping and funding , what are we doing .. nothing.. on top of it try to suppress someone who try to raise the voice to get together.
Mr Ganguteli!
Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.
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gsc999
06-08 05:41 PM
When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
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seahawks
09-12 11:41 PM
28 members and counting! yippee...
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desi3933
05-04 03:46 PM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
Incorrect!
Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.
_______________________
Not a legal advice.
US citizen of Indian origin
Incorrect!
Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
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Suva
03-03 11:06 AM
What is AGI?
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
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b_boy
08-28 03:58 PM
Pending too
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techskill
01-29 05:48 PM
Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
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bablata2007
11-27 03:18 PM
My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?
Pls help.
Thanks.
Pls help.
Thanks.
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pappu
11-06 06:48 PM
congrats and good luck
mbartosik
11-04 12:09 PM
It sounds like the UK is planning on increasing the points required for residence. I see nothing wrong with regulating the points required for residence based on needs of the country. Here it is done my H1B quota, but they forgot to change the EB GC quota too, and that's much of our aim here. In the UK it is done by points. Of course increasing the points will mean that average wage by those of non-British origin will go up. I'm quite sure that we on H1B have above average wage in US too.
In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.
Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.
If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!
That's why we need to act now, before we are kicked out for both earning more and under cutting!
In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.
Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.
If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!
That's why we need to act now, before we are kicked out for both earning more and under cutting!
satyasaich
12-03 04:12 PM
To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.
Correct me if i were wrong.
Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
Correct me if i were wrong.
Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?