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  • skp71
    05-06 10:10 AM
    If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.


    If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

    So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

    I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

    My 2 cents.





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  • fcres
    08-10 01:25 PM
    Did any one get an RFE to prove educational qualifications for EB3.

    I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.





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  • permfiling
    08-13 05:47 PM
    permfiling,

    A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

    So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

    I believe this is the tack Company B lawyer is suggesting.

    Here's something I read on another lawyers website w.r.t. AC21:
    1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
    2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


    Thanks,
    I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn

    2. Title indicates same job
    3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,

    I think you can go ahead and file the 485 but dont explicitly mention AC21.

    I hope we all in the same boat should try out and see ..





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  • gc_chahiye
    01-08 01:23 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?

    Does the cover-letter you included while filing your 485 include your job duties?
    thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.



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  • andy garcia
    02-21 09:22 AM
    I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.

    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.





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  • neerajkandhari
    10-26 04:36 PM
    I was surprised to see my AP in hand
    It seems it was approved on Oct 9 and my attorney received it on 22 oct
    I received it today to be very surprised as the online message still says case received and pending
    What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved

    Good luck to all



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  • FUNTIMES
    04-15 02:22 PM
    Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.





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  • gc_on_demand
    12-02 09:52 AM
    duplicate post



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  • gcman2005
    10-15 02:47 AM
    My wifes EAD got approved today. Still waiting for AP.





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  • new_horizon
    12-03 01:27 PM
    hope you are not talking about quixtar/amway or reliv business?



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  • sbmallik
    10-19 10:13 AM
    Answers below:
    1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
    2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
    3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
    4. Not heard about that.





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  • snathan
    02-15 12:18 PM
    I know but when there is a chance, we must make sure. Who told u that always works.
    They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
    Hence I got a doubt.

    Again,
    Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.

    Yes you need Masters or Bachlor + 5 years progressive experience.



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  • caliducas
    06-06 04:56 PM
    I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.

    I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.





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  • gnrajagopal
    08-19 12:35 AM
    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:

    That was hilarious.....:D:D:D



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  • nousername
    03-18 09:35 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?


    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


    I





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  • manishcp
    01-08 12:06 PM
    I have a photo copy of courtesy copy, Would it be ok for AC21?



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  • gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.





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  • gc_chahiye
    07-09 04:32 PM
    yea.. i did not read ur first post correctly..sorry

    well that note was a bit hidden. I have highlighted it almost Macaca-style now!





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  • payal_nag
    12-08 12:04 PM
    I did send the $15 for overnight return. The consulate is saying they are taking 20 business days now to issue new passports. Even i had good experiences in the past where they send the stuff back within a week. But just my luck , that this time it is taking forever!!!!





    trueguy
    08-28 04:07 PM
    Good fight guys, keep it going. We need reasons to laugh in this GC mess.





    snathan
    12-02 07:03 PM
    See reply in red

    The bill also says...

    1. The illegal's application needs to be processed expeditiously.
    2. The USCIS can not increase the fee for that

    Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.

    and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.

    so WTFs