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Saturday, June 11, 2011

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immi2006

05-04 10:41 AM

THose are labour filed.

It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

One thing that emerges clear from the data pattern :

Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.

Hi Immi2006.

Please help me understanding this..

Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

Please enlighten me....

thanks:)

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Anders �stberg

July 16th, 2004, 01:40 PM

Thanks for the kind comments!

I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

Concurrent H1 and L1 [Archive] - Immigration Voice

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ivar

03-31 05:16 PM

Hi All,

I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions

Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?

Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...

From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

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jliechty

May 16th, 2005, 07:47 PM

My humble opinion: the first one is the best. The second and fourth have too much large stuff in the foreground (edit: looking again, the fourth isn't too bad, maybe about as good as the first). The second and fifth shots have too much shadow in the foreground, so the eye prefers the lighter portions of the frame (which incidentally doesn't make the photos seem as deep). The third one is a good shot, but doesn't seem to have enough depth for this assignment, partly (I assume) because the background actually wasn't that far off, though using a wider lens than ~36mm (effective) might help.

My other humble opinion: wait for the birds to get out of... oops, those aren't birds. Clean your sensor! ;)

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GlobalCitizen

07-27 10:31 AM

Thank you every one for your help. I have decided to apply!

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gapala

12-16 10:43 AM

Please provide more info.

I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

I am kind of confused as to what you have said. Did your boss fired you or you yourself left the company? I do see both the statements in your post. Its indeed sad that these employers churn the employees

If you were fired, Do you have any emails / mail to support the claim that your boss has fired you from the job? If you have them, preserve and will be useful in case he takes you to court.

Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

What are the aligations? If he fired you from the job, thats the end. Am I missing something here? Is there more to the story? Do post the details so that we may try to understand the situation and provide any assistance we possibly can

1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

2...by submitting any paperwork to them can he hamper my proessing?

3...Do i have anything to scare about?

4...what should i do now?

This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

What did you ask him which lead to this mess? 6 years is too long a period and a good part of life. I would have quit in few months in such situation :)

I need help.....please let me know what should i do....please people help me....

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st4rguitar

04-06 02:05 PM

My LCA was approved in July 2007.

My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

The USCIS returned the application asking us to re-send the application with a new check.

My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

All suggestions are highly appreciated.

I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.

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prdgl

06-17 06:19 PM

I was under the impression that the bill have already died and its very hard that they will get the bill this year. I myself haven't applied my LC yet.

After the seeing the June VB, I am deciding to move to another company which will file my LC ASAP because my current employer is dragging his feet.

can anyone tell me that I should wait or should go ahead and change employer to file my LC, because if the bill's May15th cut-off date becomes effective, then I will have moved for no reason (all is waste)

Your suggestions are highly valued.

Thanks

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cmhasan

07-07 02:44 PM

Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:

Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.

What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?

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gchopes

10-04 09:13 AM

Filed 485 on July 27 at TSC. No CC / RNs. Let me know if any of you receive the receipts. I shall do the same as well.

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Neocrack

04-17 12:03 PM

The Application for a new passport can be made within 12 months before the expiry of the passport.

http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3

At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.

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shirish

02-23 02:21 PM

This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

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saimrathi

07-03 09:21 AM

Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios

I hope you get a day off from work for doing that..

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satyasaich

06-29 09:46 AM

My friend

What else we lose if we stand up the plate to express some legitimate concerns?

Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

Unless some compelling personal reasons, i do not see any thing wrong to raise the voice

---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.

That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

Hilarious! Couldn't resist :o

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chatterjie

03-28 02:34 PM

PD = May2004
485FilingRcpt Date : Aug 21, 2007

I was eagerly looking for 485 processing date to move forward
from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
and let the processing dates move forward.. :)

Also, even if the visa numbers advance, I have to cross the 485 processing
date first... is that right?
Or, what happens if my 485 is not yet processed but the bulletin makes
my date as current? :confused:

Thanks and Regards,
Chatterjie

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austingc

04-29 05:42 PM

I have a couple of questions regarding H1B.

My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

Is this true? any ideas?

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desi3933

03-03 12:30 PM

Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

Its not even for ENTIRE employment based category either.

As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

PD can NOT be ported for EB-4 and EB-5 either.

__________________
Not a legal advice.

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vnsriv

06-25 03:29 PM

My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.

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cahimmihelp

07-15 12:56 PM

Hi,

This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:

I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?

I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...

Thanks a lot,

CAH

PD_Dec2002

08-08 07:53 PM

My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

You can go to school again though it might not be practical. Or go back to your country and ask the employer to sponsor your H-1B so you can reenter in October 2008.

Also, check with other lawyers.

Thanks,
Jayant

willIWill

07-16 01:06 PM

now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,

Here is the second point 'verbatim':

2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

• Copies of both sides of your Form 1-94 Arrival/Entry Document;

• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

• Copies of both sides of your Form IAP-66;

• Copies of any Form 1-797 approval notice/notice of action;

• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

• Copies of any and all Employment Authorization documents issued to you by this Service.

Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.

Choco Choco Tatto

Saturday, June 11, 2011

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