chanduv23
05-14 09:38 PM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
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prakashv44
01-07 12:17 PM
Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself
Macaca
09-12 04:04 PM
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Manuel Roig-Franzia
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Spencer Hsu: hsus@washpost.com *
David Ignatius: davidignatius@washpost.com *
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Cecilia Kang
Charles Krauthammer: letters@charleskrauthammer.com *
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Ernesto Londo�o
Sebastian Mallaby: smallaby@cfr.org *
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Dana Milbank: milbankd@washpost.com *
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saimrathi
07-06 11:33 AM
Agreed, that would be the biggest impact... But, not all of us would be able to get an opportunity elsewhere in the world.. For example, doctors, scientists... not many countries match US infrastructure..
This is only my view...
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
This is only my view...
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
more...
chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Robert Kumar
12-02 07:38 AM
Thanks a lot for your reply 9 years...
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
more...
priti8888
07-25 02:30 PM
We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.
I agree. Ours was transfered to Denver DOL and got certified in 5 months
I agree. Ours was transfered to Denver DOL and got certified in 5 months
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I_need_GC
02-20 10:22 AM
Today I got a LUD on my AP. Documents mailed. Finally after 2 weeks of waiting time. Nebraska center is slow really slow. But I am happy can now go on my business trip.
:)
Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:
:)
Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:
more...
billu
08-05 07:20 PM
Hi!
I'm RN outside the US:cool:
I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:
Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!
My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:
http://hammondlawgroup.blogspot.com/
http://shusterman.com/toc-ahp.html
http://shusterman.com/toc-rn.html
http://immigrationvoice.org/forum/showthread.php?t=4817
hi chisinau,
thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
thanks for all the info again n all the best for ur process
I'm RN outside the US:cool:
I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:
Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!
My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:
http://hammondlawgroup.blogspot.com/
http://shusterman.com/toc-ahp.html
http://shusterman.com/toc-rn.html
http://immigrationvoice.org/forum/showthread.php?t=4817
hi chisinau,
thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
thanks for all the info again n all the best for ur process
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amitjoey
06-26 02:50 PM
The bill being discussed in the senate if passed is going to be very detrimental to people that are stuck in the labor backlog centers. They wil be forced to redo their labor with the new point based system. That is not fair at all.
more...
skv
06-28 01:52 PM
Hello,
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
Great, best wishes! We're happy for you.
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
Great, best wishes! We're happy for you.
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langagadu
09-15 11:19 AM
:mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
:mad::mad::mad::mad::mad:
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
:mad::mad::mad::mad::mad:
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
more...
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badluck
07-06 01:58 PM
me too. Personally I think Australia might have better weather but Canada is closer
why not our motherland INDIA
why not our motherland INDIA
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srini1976
02-09 10:50 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
As per March 2009 visa bulletin EB2-China is already 15 Feb 05.
If USCIS repeats last year's pattern of spill over from April then both EB2 China and India move together.
As they move China's dates they need to move India's dates(both share the spill over as retrogressed countries).
Keep guessing on EB2-China's forward movement and most likely would be the same for EB2-India :)
Cheers,
Srini
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
As per March 2009 visa bulletin EB2-China is already 15 Feb 05.
If USCIS repeats last year's pattern of spill over from April then both EB2 China and India move together.
As they move China's dates they need to move India's dates(both share the spill over as retrogressed countries).
Keep guessing on EB2-China's forward movement and most likely would be the same for EB2-India :)
Cheers,
Srini
more...
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satyasaich
03-08 10:38 AM
senator from Kansas:amendment to eliminate visa cap for nurses and therapists.
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
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andy007
07-05 10:56 AM
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks
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glen
09-10 10:21 AM
Contribution of $100. Google Order #246413310665091.
I will be in DC for the rally.
I will be in DC for the rally.
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ngopikrishnan
10-22 10:48 AM
Irrespective of the employer decision to revoke I140 or not, I have to send AC21 letters to USCIS. That is the reason I am asking anyone to suggest a good attorney for representation.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
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Jaime
09-12 04:37 PM
Bump
rongha_2000
04-30 03:34 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:
OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:
Munna Bhai
07-06 12:11 PM
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
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