needlotsofluck
08-13 09:30 PM
Hi,
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
It says on FAQ3:
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.
Please read the whole answer.
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
It says on FAQ3:
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.
Please read the whole answer.
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ItIsNotFunny
11-05 05:40 PM
After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).
It is defintely not going to happen in the near future.....
So even finding a pattern may not help as its not going to be current for all for EB3 atleast.
I don't think it will become current for atleast couple of years.
It is defintely not going to happen in the near future.....
So even finding a pattern may not help as its not going to be current for all for EB3 atleast.
I don't think it will become current for atleast couple of years.
beppenyc
02-04 08:05 AM
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
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perm2gc
08-30 12:53 PM
I think for EB2 it is appx 113K USD when GC is approved.It depends on your state wages...
more...
RadioactveChimp
04-16 12:00 PM
thanks for the comments guys and dean
i dont get waht your argument is about
all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D
i dont get waht your argument is about
all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D
sundevil
07-11 01:58 PM
May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.
Just Kidding :) But interesting though.:cool:
Just Kidding :) But interesting though.:cool:
more...
anandrajesh
01-05 12:40 PM
We are now at 8000 members exactly, as of 1:00 EST January 5th.
& When checked at 1:30 the number is 8034. 34 members in 30 minutes??? sure all your postings in other websites working. AT this pace we should reach 10000 soon.
& When checked at 1:30 the number is 8034. 34 members in 30 minutes??? sure all your postings in other websites working. AT this pace we should reach 10000 soon.
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paskal
05-31 10:44 PM
guys please do take a moment with the webfax if you have not already done so, this effort to spread our point of view and gain visibility with lawmakers is critical. if you have some time you can actually fax legislators from every state!
more...
helpful_leo
02-09 09:48 PM
I suggest that IV be even concerned about ppl in the pre-application stage like myself. I havent even filed a labor yet as I have no employer (am a PhD student.) I would like IV to take up issues that concern PhD students, for e.g. the current proposals in the PACE bill that appear to exclude current PhD students (as opposed to future "F-4" PhD students) from automatic AOS benefits 1 year after graduation. This is a large constituency who can be mobilized for IV if IV decides to pursuse this. It is actually a very commonsense amendment to PACE that can be included in the bill if the right people are informed about it. I have drafted a very detailed letter and can make it available here.
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desiron
08-08 08:56 PM
I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...
Thanks
Thanks
more...
StuckInTheMuck
08-12 08:27 PM
If you e-file EAD renewal, you will get FP notice. To avoid it, paper-file your renewal.
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vikramy
09-22 01:30 PM
This is what given by my Attorney apart from your labor approval. Better double check..
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
more...
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akhilmahajan
06-06 08:55 AM
Gurus,
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
If you dont mind, can you share what supporting documents you submitted.
Thanks a lot.
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
If you dont mind, can you share what supporting documents you submitted.
Thanks a lot.
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plusme
10-19 09:37 AM
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
more...
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roseball
11-26 05:28 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
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smssharma25
12-05 10:44 PM
Thanks!.. My job title in labor is "Computer and Information Systems Managers" & SOC code is "11-3021.00". The offer I have is for technical lead with around 40% hike. Will technical lead be considered as "Computer and Information Systems Managers"?. Future employer is a big co & I don't think they will be ready to adjust the job profile. Can I hear from anyone who had their labor filed for solution architect or technical lead role(soc code & job description)?
If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
more...
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swethanjit
08-25 08:37 PM
Hello Members,
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
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gc_chahiye
07-09 03:50 PM
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
-------------------------------------------------------------------------------------------------------------------
This poll can be read in conjunction with another poll on EB2 priority-dates:
http://immigrationvoice.org/forum/showthread.php?t=6128
-------------------------------------------------------------------------------------------------------------------
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
-------------------------------------------------------------------------------------------------------------------
This poll can be read in conjunction with another poll on EB2 priority-dates:
http://immigrationvoice.org/forum/showthread.php?t=6128
-------------------------------------------------------------------------------------------------------------------
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alterego
07-12 07:25 PM
Consult with you lawyer about this one.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
PD_Dec2002
07-07 09:49 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
chanduv23
04-18 02:09 PM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
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