MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
srarao
07-23 12:22 PM
Fedex receipt.
bkn96
12-02 09:01 PM
very encouraging news.. hope USCIS learned leasson..
devamanohar
10-07 12:33 PM
My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.
Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.
I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.
Suppose she gets married before the green card what will happend to her case. Please I need advise.
Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.
I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.
Suppose she gets married before the green card what will happend to her case. Please I need advise.
more...
3ZS
May 11th, 2006, 07:36 PM
Hi -
I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.
Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.
Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
vishwak
03-09 12:41 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
more...
prince_charming
11-30 01:05 AM
Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
indianabacklog
08-06 07:37 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.
Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.
Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.
more...
FOR_LIBERTY
11-13 10:59 AM
Folks,
I have recently moved to Houston. Count me in as a member of Texas chapter.
I have recently moved to Houston. Count me in as a member of Texas chapter.
WeShallOvercome
07-23 02:14 PM
C. UHRMACHER @ 8:26am on July 2
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
more...
shruthii_1210@yahoo.com
09-30 12:07 PM
Hi,
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
franklin
07-10 12:10 AM
May the government discriminate against non-citizens in matters not related to their admissions to the United States?
Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.
Which law would we be breaking by sending flowers?
Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.
Which law would we be breaking by sending flowers?
more...
InTheMoment
02-20 04:05 PM
va_il,
You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?
If that is the case maybe I'll just land up there instead of mailing it.
You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?
If that is the case maybe I'll just land up there instead of mailing it.
acecupid
08-01 10:45 AM
If you look at the new features list:
A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
Simplified navigation and improved search capability.
Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
Information that is written clearly and meets the needs of our customers.
It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!
A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
Simplified navigation and improved search capability.
Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
Information that is written clearly and meets the needs of our customers.
It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!
more...
niklshah
11-11 11:26 AM
i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.
hope this helps
good luck
hope this helps
good luck
webm
02-04 07:18 PM
Which messenger and can you point the url?
more...
nshantha
08-14 03:42 PM
I am also 7:55 NSC R williams too... no receipt yet
ponnuswamyp
10-30 01:53 PM
If the ASC does not have much applicants waiting for services then they may service your case regardless of the time scheduled. Just make a visit and try.
I had moved to CA and got FP appointment scheduled for 11/15 at NJ. Last saturday I visited my local ASC and explained about my move. They did not bother about the appointment location & time and took fingerprints.
I had moved to CA and got FP appointment scheduled for 11/15 at NJ. Last saturday I visited my local ASC and explained about my move. They did not bother about the appointment location & time and took fingerprints.
gcnirvana
06-21 12:58 PM
You can try other CBP but the best option is to go out of USA (maybe to mexico) and come back with a new I94 valid till Oct 2008. Don't forget to handover both the I-94s (one in pp and 797) while you go out. HTH!
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
Life2Live
04-29 11:15 AM
How to know there is already a case against the employer?
tonyHK12
11-14 12:10 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
Maybe they're waiting for the end of quarter to allocate visas.
IV generally follows up for donor members.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
Maybe they're waiting for the end of quarter to allocate visas.
IV generally follows up for donor members.
No comments:
Post a Comment