Wednesday, June 8, 2011

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  • mambarg
    07-20 09:56 AM
    I got the answer.
    INS review have steps to lookup info in CLAIMS software to see if there is approved petition.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD

    SO I am sure they will verify the info in enotice before rejecting.




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  • ubetman
    08-07 10:00 PM
    Thanks milind for your information...But mine is concurrent filing of both 140/485 application. when concurrent is says in USCIS, the application to be sent where the permanent job is offered which is mentioned in labor and I-140Thatswhy I am little confused...

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    current location state or permanent job offered state for concurrent filing of forms 140/485.. Any suggestions...thanks in advance




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  • Kevin Sadler
    October 23rd, 2005, 02:57 AM
    if i'm around, sure. i was just up there today near petaluma.




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  • dc2007
    07-25 10:55 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.



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  • santa123
    06-07 05:43 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:




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  • rjgleason
    March 3rd, 2004, 06:52 PM
    Its a great shot and I like the way there is the "light and the end of the tunnel"



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  • sekharan
    10-14 07:23 PM
    Very nice. It looks like we can get married soon!




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  • gmail
    07-22 03:14 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?

    It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.



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  • sanju
    02-03 04:37 PM
    Thanks, this is me, I am asr. member, I just have been away for a while due to work

    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
    For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!




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  • eb3_nepa
    05-02 04:07 PM
    At this rate Aman is soon gonna become a Senator or a Congressman :) ;)



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  • hinvin66
    05-13 12:24 AM
    IO verbally said last week that it's approved but there is no SLUD, LUD, CPO, PDA or anything else yet.

    Still waiting...




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  • KbK
    04-09 11:50 PM
    Hi friends
    I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

    The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

    On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

    If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

    I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

    This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

    Friends at the end, may I request you to please send your thoughts on this?

    Thanks



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  • h1-b forever
    07-23 09:18 AM
    What is the confusion?




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  • Nikhil2
    02-20 03:12 PM
    Thank you both.
    Nikhil2,
    I have a similar situation...



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  • sareesh
    03-30 08:10 AM
    Thank You all for your feedback and I am still not clear if I can attend Halifax for my H1B visa, which is expired on 12/09/2006(from company A).




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  • indianabacklog
    04-17 09:18 AM
    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!

    Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.

    This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.

    This whole story is getting more curious.



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  • Chris Rock
    08-12 12:42 PM
    bump




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  • jayz
    07-17 06:53 PM
    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?




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  • ags123
    02-10 06:28 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)




    kshitijnt
    04-16 11:59 AM
    Best thing to do is, go out, take a stamp and reenter. No harm in that. If the I-94 is not attached to the approved L1A, then it is illegal otherwise it is legal.




    ganguteli
    04-08 12:12 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.



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