abhijitp
11-16 06:44 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
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days_go_by
08-23 04:52 PM
in EB3, EB2 and EB1
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.
glus
03-19 11:29 AM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
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saro28
11-02 09:19 AM
Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?
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ita
11-20 04:47 PM
I got only one AP paper. Is it ok to travel to India?
From what I gathered so far I guess on your way back officer will keep the AP you have.
Try to take copies of the AP and request the offcier if he would keep the copy and give you back the stamped original.
In that case you can use the stamped original for your future trips.
Otherwise you will have to apply for more AP's if your are planning to go abroad again.
This is what I gathered so far.Not sure if I'm right though .
From what I gathered so far I guess on your way back officer will keep the AP you have.
Try to take copies of the AP and request the offcier if he would keep the copy and give you back the stamped original.
In that case you can use the stamped original for your future trips.
Otherwise you will have to apply for more AP's if your are planning to go abroad again.
This is what I gathered so far.Not sure if I'm right though .
sangeethak31
07-16 08:49 PM
Thanks all the reponses.....:)
Sangeetha K
Sangeetha K
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sush
10-02 08:21 PM
Service Center: Texas
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
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abqguy
09-16 03:35 PM
Will call the rest during my next break :)
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sriramkalyan
05-18 11:28 AM
I am scared to death .. I have EAD ...hELP .. cAN I WORK FOR 2 COMPANIES.
Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.
Looosers
Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.
Looosers
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shree772000
08-13 03:36 PM
who is vld rao?
His full name is venkateshwar rao.....:p
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Libra
10-12 10:22 AM
LUD 10/03/06 before getting RFE, after submitting RFE documents there were two LUD's 10/04/07 and 10/05/07.
Naresh/Libra,
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
Naresh/Libra,
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
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lazycis
04-06 04:48 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
more...
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gcadream
03-01 10:02 AM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
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abhijitp
07-08 01:53 PM
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
Thanks a lot for posting!
Please post the URL, always, if I may add.
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
Thanks a lot for posting!
Please post the URL, always, if I may add.
more...
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dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
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Eternal_Hope
05-11 11:20 AM
I second that. Use their tool to send your own letters.
We are already discussing this on the "Media Drive" thread.
Use one of our IV template letters and send it to the Media.
Let's do this today!
It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!
We are already discussing this on the "Media Drive" thread.
Use one of our IV template letters and send it to the Media.
Let's do this today!
It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!
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bluekayal
02-25 05:21 AM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
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jetflyer
04-07 01:43 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
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shutterbabe
11-19 09:41 AM
Thanx everyone for the helpful advice. I will schedule an infopass appointment. Can can I see an I/O at a location that doesn't service my area?
alterego
04-09 11:20 PM
Take the offer on EAD as you are now legally eligible to do.
In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
Consult a good attorney to get their professional advise.
In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
Consult a good attorney to get their professional advise.
seetheavatar
10-15 03:33 PM
Don't worry guys.If you have received a mail saying that your GC is posted and if it is more than 30 days you can contact the customer service and create a service request.
You will get your card within 30 days.
If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
For this case also you have to create a service request and you will get your card within 30 days.
You will get your card within 30 days.
If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
For this case also you have to create a service request and you will get your card within 30 days.
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