psn1975
11-05 08:06 PM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
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indio0617
05-01 12:04 PM
If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,
is it like something random, or USCIS holds a lottery ............. i am just curious........
Yes, It is definitely yet another lottery.
Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".
is it like something random, or USCIS holds a lottery ............. i am just curious........
Yes, It is definitely yet another lottery.
Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".
sunnysunny
10-17 05:16 PM
duttasurajit I am in a same boat as you. Today I talked to one lawyer in my city and told me that both the fields can have different code but the job functionality should be same. All the companies can have different title.
Don't wait for the answers here, just talk to any good lawyer for this matter.
Good Luck!!!
Sunny
Don't wait for the answers here, just talk to any good lawyer for this matter.
Good Luck!!!
Sunny
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chaukas
08-28 03:20 AM
Have sent several mails , but to no avail ....
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kirupa
11-21 11:47 PM
haha - good point :P
So, it seems like I will be unable to add the poll today like I had hoped. I got sidetracked with some other things. Apologies. Tomorrow is the new today.
So, it seems like I will be unable to add the poll today like I had hoped. I got sidetracked with some other things. Apologies. Tomorrow is the new today.
moe
02-04 11:26 AM
hi everyone..i try to long sotry short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
Q1-do i have rigth to work here now?
Q2-do i have to wait realy long time?
Q3- can i do anything for waiting time shorter?
MY lawyer is good man but i can even talk to him when i need
but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
Q1-do i have rigth to work here now?
Q2-do i have to wait realy long time?
Q3- can i do anything for waiting time shorter?
MY lawyer is good man but i can even talk to him when i need
more...
atlfp
04-08 01:55 PM
They probablly will put one or two into it, but I would think most of the conference member will be from other sectors, which could be positive.
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.
Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.
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.
Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.
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gemini23
07-02 03:12 PM
Srikondoji,
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
more...
ski_dude12
08-10 11:43 AM
Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?
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GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
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ek_akela
06-05 10:16 PM
can't make it to DC, made a contribution of 100$
Transaction ID: 9BC03733FT1686746
Transaction ID: 9BC03733FT1686746
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gg_ny
08-31 08:12 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
more...
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HumJumboHathuJumbo
10-31 11:02 AM
what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
thanks
thanks
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Munna Bhai
08-30 06:41 AM
Today i got REF regarding my GC .
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.
more...
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beautifulMind
06-09 12:05 AM
You can only get a US visa outside of USA and you only need a visa to enter US since you already in US then why do you need a visa? when you go back just apply for another B1 Visa
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the_jaguar
03-25 01:48 PM
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
more...
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surabhi
10-17 03:52 PM
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
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WeldonSprings
01-29 12:42 AM
Also, the E-Verify bill was supposed to expire this March 06, 2009; but has been extended by four years because of the House Stimulus Bill. It is still in the senate. It has to be stopped.
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govindk
10-30 11:02 PM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
sumansk
06-30 02:36 PM
Babloo Bhaiyye...
Even I am very positive and I am hopeful everything will be fine..
Everyone please use our combined CONCIOUSNESS to affect the adverse decison from DOS or USCIS..
Thanks and stay positive and spread the POSITIVE ENERGY by use of our subconcious ENERGY....IT IS A MAGICAL ENERGY...
Even I am very positive and I am hopeful everything will be fine..
Everyone please use our combined CONCIOUSNESS to affect the adverse decison from DOS or USCIS..
Thanks and stay positive and spread the POSITIVE ENERGY by use of our subconcious ENERGY....IT IS A MAGICAL ENERGY...
sujith1
07-30 12:41 PM
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
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