ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
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akhilmahajan
09-28 08:51 AM
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
reddymjm
10-15 10:23 PM
You will receive one for your request please post here.
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webm
05-08 10:00 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Congrats!! pal..
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Congrats!! pal..
more...
same_old_guy
03-19 05:13 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
Can EB2 move to March 06?
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
Can EB2 move to March 06?
thesparky007
02-16 07:11 PM
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man!
i want to do those stuff
i will learn
tell me a good program
tht is cool
man!
i want to do those stuff
i will learn
tell me a good program
more...
gcisadawg
03-09 12:45 PM
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
EB3 ROW has been retrogressed as predicted in Oh's website.
All non-India EB3 are at March 03 now....
Will they keep them at March 03 for few months and give a bump to EB3?
Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
EB3 ROW has been retrogressed as predicted in Oh's website.
All non-India EB3 are at March 03 now....
Will they keep them at March 03 for few months and give a bump to EB3?
Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...
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champu
02-18 07:14 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
more...
srkamath
07-13 10:42 AM
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
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Legal
07-22 04:37 PM
so there should be 40-50k EB visas left over in this year...?
and these numbers have to be used up before Sep 30th. If they are not used they'll spill over into family based immigration category.
and these numbers have to be used up before Sep 30th. If they are not used they'll spill over into family based immigration category.
more...
vagish
04-04 03:57 PM
If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
completely agree.
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
completely agree.
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07-02 05:20 PM
$100
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smisachu
09-10 10:05 PM
This is the reply I got from a student at my grad alma mater
Dear XXYY
This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.
Regards
ZZZZ
Yup Guys. Ditto.. I was in Penn State last week for their Football game and met some of my class mates and current students..No hope there.
All of them want to study and go back. After what happened to H1's this year none of them think they will even get a H1 if the wanted to stay.
Dear XXYY
This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.
Regards
ZZZZ
Yup Guys. Ditto.. I was in Penn State last week for their Football game and met some of my class mates and current students..No hope there.
All of them want to study and go back. After what happened to H1's this year none of them think they will even get a H1 if the wanted to stay.
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DDD
02-18 12:14 AM
every package except LW has a free trial.
more...
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grinch
03-19 02:58 PM
Move this to Completed Battles?
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rustum
08-21 12:03 AM
Hi,
My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2.
My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2.
more...
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AllVNeedGcPc
08-11 03:18 PM
Count me in...
...I will donate minimum $100 for the cause.
...I will donate minimum $100 for the cause.
girlfriend (Metal Fight System - MFB)
zerozerozeven
03-09 12:17 PM
let the waiting start for the May bulletin....
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GCWish
03-09 07:31 PM
It is the right time to do some concrete action to bring out the facts that
1. Approving the EBs would not add to any significant shift in employment demographics, given that all these people are in the US already
2. The benefit that this would bring on the demand side esp.housing market
Let�s start a letter campaign to the attention of the Obama administration and the USCIS secretary Janet Napolitano
1. Approving the EBs would not add to any significant shift in employment demographics, given that all these people are in the US already
2. The benefit that this would bring on the demand side esp.housing market
Let�s start a letter campaign to the attention of the Obama administration and the USCIS secretary Janet Napolitano
sukhwinderd
03-10 09:58 AM
smaller chunks are useful for a night stay at a hotel or for car rental.
car rental at aa is about 2100 miles/day.
hotel is somewhere around 13,000 miles/night.
car rental at aa is about 2100 miles/day.
hotel is somewhere around 13,000 miles/night.
chetanjumani
04-23 11:03 PM
Congrats Googler.
Enjoy your GC
Enjoy your GC
