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  • psn1975
    11-05 08:06 PM

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
    What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?


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  • psaxena
    10-07 07:20 PM
    I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.

    Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.

    Look for my previous post related to this and you will find the sample letter as well.

    Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?

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  • gc_check
    07-14 07:18 PM
    My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...

    Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....

    Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected

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  • franklin
    07-17 06:05 PM
    Donate so we can continue fighting!


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  • calaway42
    10-04 12:42 AM
    lol .. uh-oh.. I think i did something wrong..
    I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...

    My steps..
    1. I made a New File..
    2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
    3. filled it in with paint bucket
    4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
    5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
    6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
    what did i do wrong? :*(

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  • njboy
    09-11 01:38 PM

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.

    not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..


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  • go_getter007
    12-12 07:53 PM
    Could you please throw some light?


    Fellow IV members who have their GCs approved and some of those who are still waiting:

    I have a few questions on how my brand new GC will help me in my situation..

    My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

    Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

    What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

    Thanks for your inputs

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  • locomotive36
    11-16 11:01 AM


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  • ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.

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  • Anders �stberg
    May 3rd, 2005, 06:36 AM
    Thanks Mats!

    That's great info as a starting point. What I can safely say is that my panning technique is non-existent, so I'm probably safer with shorter shutter times. If the weather improves a bit I'll try it at tomorrow evening's practice session.

    July Vb Fiasco Resolved...its Time To Track The Progess [Archive] - Immigration Voice

    View Full Version : July Vb Fiasco Resolved...its Time To Track The Progess


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  • Sachin_Stock
    08-24 12:35 PM
    Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!

    I am Eb3 with PD Jan 2004 and I am totally in dark :(

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  • uma78
    04-24 10:44 AM
    please correct me if i am wrong, this seems to happen on:

    Wednesday 04/30/2008 - 2:00 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs



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  • gcdreamer05
    02-24 11:45 AM
    Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
    Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.

    This is a very valid suggestion , because i believe most of the new questions are posted by that fake guy tunnel rat... with different different ids.

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  • bajrangbali
    07-03 10:02 AM
    You guys still dont get you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.


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  • cinqsit
    01-13 08:16 PM
    Thanks a lot for the replies.

    I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?

    Nope infopass officers are not at all helpful. I found out that many are just
    "half-trained" customer service reps who have access to whatever online
    system USCIS uses. They can tell you if your background checks were cleared,
    what your priority date is (if you have multiple I-140s) and if every thing
    has been bundled together in your "A-file" or not.

    I had a horrible infopass where the "officer" didnt even know what a I-140 was.

    Try sending a clear letter to the ombudsman right away. Be very clear an give copies
    of everything you have I-485 receipts, your PD, country of chargeability etc etc.

    I did send a letter to the ombudsman in mid dec got a usual we have opened a
    request with USCIS and you will get answer in 45 days 2 weeks ago. Last week
    got a phone call - yes a phone call - from them last week saying they got a email from USCIS saying my case is being fowarded for adjudication and you will get a result within 30 days.

    Best of luck

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  • a_yaja
    04-23 04:39 PM
    Thanks a lot guys for your inputs. I hope everything goes fine.......

    heard these days it is taking more then 6 months for I140 approval...........

    mine was filed in marcha, 07 in the Texas processing center...........
    Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).

    If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.


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  • GCScrewed
    07-12 10:47 AM
    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.

    Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:

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  • bzuccaro
    11-08 05:23 PM

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

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  • h1bemployee
    06-22 01:58 AM
    pl somebody answer

    04-17 01:08 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??

    I truly understand your position my friend and feel sorry to see you go though this.

    Here is my suggestion -

    Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.

    I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.

    11-27 04:30 PM
    My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?

    Pls help.

    Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.

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