fuzzy logic
07-18 03:32 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
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losthope
06-11 08:11 PM
Great Details!! Everything is possible...someone has to sacrifice for people to listen
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
reddymjm
03-03 03:46 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Law never changed. Its how USCIS interprets it.
Law never changed. Its how USCIS interprets it.
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a1b2c3
09-10 12:39 PM
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
And then you must have also noticed that in Dec 07, it moved to Jan 1, 02.
Jan 00 in Jan 08, U in Feb-March and then April 03 in April 07.
With due respect, I don't think what you have observed really points to anything, either way.
Eventually, EB2-I will move forward, probably next April or so. And yes, this is all good old speculation, it doesn't mean anything really.
And then you must have also noticed that in Dec 07, it moved to Jan 1, 02.
Jan 00 in Jan 08, U in Feb-March and then April 03 in April 07.
With due respect, I don't think what you have observed really points to anything, either way.
Eventually, EB2-I will move forward, probably next April or so. And yes, this is all good old speculation, it doesn't mean anything really.
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kartikiran
12-11 08:35 AM
Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I
Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).
Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).
vvrmurthy
09-01 10:21 PM
Arrived in Jul 1999. Worked for a consulting company till July 2000 as consultant (client - a major computer server maker). Joined the client July 2000. Even now, same job, same designation. Luckily my employer applied for EB3 BEC labor (May 2004). Since it got stuck, my boss convinced exec mgmt to apply for EB 3 PERM in Aug 2006. PERM labor got thru in Nov 2006. PERM based I-140 got thru in March 2007. Applied for I-485 in July 2007. BEC labor came thru in Oct 2007. Filed I-140 for BEC labor and it got thru in Feb 2008. Interfiled and now PD on I-485 is May 2004 (EB3 - India).
On some site there was a way to know how many are ahead of me, given my PD, my nationality and my category. And looks like some 25,500+ EB3 cases are ahead of me.. Some 10+ years... Honestly, life has more to it than a colored card... let us move on with life... I will not allow the card to determine (ruin) my life...!!!!
On some site there was a way to know how many are ahead of me, given my PD, my nationality and my category. And looks like some 25,500+ EB3 cases are ahead of me.. Some 10+ years... Honestly, life has more to it than a colored card... let us move on with life... I will not allow the card to determine (ruin) my life...!!!!
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nik.patelc
02-18 06:04 PM
EB3 to EB2 porting is so huge. I dont think PERM 2005 data really matters. i think a pattern of gradual moving dates ( 1 month or 2 month per bulletin) forward for EB2 India till Spet 2009. Then with OCT, dates will go back to 2002 due to EB3 - EB2 porting.
Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.
if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.
Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.
if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.
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villamonte6100
04-01 10:19 AM
Well they do process millions of applications - H1's , EAD's , GC's ' I-140 , Labor and so many different kinds of visas and other applications . I must say that they are trying even if they are not succeeding. It is probably due to shortage of manpower and experienced personnel. Another problem is that the money that they get from all the application fees which is a very significant amont ( greater than a billion ) some of it is diverted to other programs rather than hiring more workers for USCIS .
I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .
I totally agree.
I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .
I totally agree.
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gjoe
01-06 08:39 AM
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
If you want to credit GE with the invention of light bulb it is ok if you think so because the the bulbs and light fixtures are made by GE ;)
BTW if a thief robs your house and leaves behind his knife you can call it a gift. The owner of the house has a right to think so. :)
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
If you want to credit GE with the invention of light bulb it is ok if you think so because the the bulbs and light fixtures are made by GE ;)
BTW if a thief robs your house and leaves behind his knife you can call it a gift. The owner of the house has a right to think so. :)
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desi485
11-24 05:34 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
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ItIsNotFunny
10-21 03:22 PM
I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)
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p1234
09-14 06:11 PM
july 07 filer yes.. but I have a PD of mid 2004... How in the name of almighty is that out of turn?
but you are too stupid anyway
so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D
Don't want to stoop to your levels, Mr. Phd!
Point your dirty fingers at July 07 EB2 first, with PDs of 2005 and later, nowhere close to being current in June 07 but suddenly became current in July 07.
but you are too stupid anyway
so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D
Don't want to stoop to your levels, Mr. Phd!
Point your dirty fingers at July 07 EB2 first, with PDs of 2005 and later, nowhere close to being current in June 07 but suddenly became current in July 07.
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ita
07-14 03:30 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Thank you.
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amit_sp
03-04 10:18 AM
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
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twinbrothers
07-09 06:42 PM
I live in Pasadena, CA. Email me at twinbrothers@gmail.com
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ItIsNotFunny
03-04 06:27 PM
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
You can check status of your case on line:
https://egov.uscis.gov/cris/jsps/index.jsp
It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.
You can check status of your case on line:
https://egov.uscis.gov/cris/jsps/index.jsp
It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.
more...
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desi485
11-26 02:00 AM
bkn96, Thanks a lot for this information.
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Someone pointed that AILA recently discussed this issue with cis, and rule is still under development. There was a link posted to a PDF somewhere on this/similar thread. I will try to find and post a link here!
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Someone pointed that AILA recently discussed this issue with cis, and rule is still under development. There was a link posted to a PDF somewhere on this/similar thread. I will try to find and post a link here!
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nk2006
10-17 02:48 PM
NK2000:
Thanks a ton for this great job. I will mail out today
Thank you sheela - encourage your friends to do the same.
Thanks a ton for this great job. I will mail out today
Thank you sheela - encourage your friends to do the same.
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lonedesi
08-11 03:31 PM
Hey,
Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?
Because the Link for 7001 doesn't talk about sending a separate cover letter.
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Thanks,
Diptam
Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.
Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?
Because the Link for 7001 doesn't talk about sending a separate cover letter.
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Thanks,
Diptam
Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.
glus
07-06 12:34 PM
This is too confusing, it looks like USCIS is going crazy.
Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..
Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..
JunRN
08-11 01:09 PM
Visa Screen is needed to adjust your status. It is always better to have your visa screen ready. USCIS will send an RFE for that. However, while AOS is pending, EAD can be issued.
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