2006 Consolidated Tracker

I-140 Approved

I got an email, after nearly 4 months, my I-140 is approved. Waiting to apply for I-485. Can someone please advise me, should I do consular processing, once I'm not retrogressed anymore, it just seems it would take a lot less time (couple of months vs. one year) or do I-485? I know there are some benefits of doing I-485 (EAD, for example) but I'd like to know why some of you guys opted for I-485 vs. consular processing?

Thanks a million
 
I-140 approved

Pd: 03/2002, EB2, Labor substitute
I140-: Rd:02/21/2006, Ld:04/13/2006, Ad:05/17/2006 :)
Ead-: Rd:04/12/2006, Ld:05/01/2006, Ad:05/16/2006 :)
Ap-: Rd:04/12/2006, Ld:05/01/2006
I485-: Rd:04/12/2006, Ld:05/01/2006
 
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I-140 Processing

I-140 and I-485 submitted 01/13/06
Received RFE 03/08/06 for Able to pay and W-2 etc.
Submitted reply on 4/6/06
VSC is processing for 2/26/06.
My application is delayed for more than 40 days for no reason.
 
Approval Time for I-140/ I-485

Friends

Can any body tell me here what is the averge APPROVAL time for I-140 & I-485 in vermont & also can any body tell me what are the documents /information we need to submit with I-140 & I-485 or we have to provide to the lawyer to submit I-140/I485
 
Please help

Guys,
I really need some guidance from you. Here is my story. I came to US using H1B. Its my sixth year now and it is expiring in August 2006.
I got married in March 2004. I applied for I-140, 485 and Advance parole (for myself and my wife) after Labor approval in May 2004 under Eb3 category (Vermont Service Center). I-140 and Advance Parole (both) got approved in Feb 2005 (Finger Printing done). My I-485 application is still pending.
My wife started working using EAD and her EAD is set to expire July 1st week. We have already applied (May 24 2006) for renewal (but no luck yet).....This is my first problem.....
Well here is my second problem.........things aren't going too well with my employer and i am so frustrated i really want to quit now (resigning on Monday).
What should i do now? AC-21 portability (i really dont have a clue about this). Should i do AC-21 portability before i resign? or are there any other options available? Please guys help me..........
 
More than 90 days after RFE

I submitted my RFE on 4/26/06 and LUDs are 6/26/06 and 6/27/06. No progress since than. ND for I-140 is 01/13/06.
 
Hello Friends

I applied my I 140 in Dec 2005 and did got a RFE on Ability to Pay, and was really nervous as my company was not doing good and were filling loss for couple of years now but are paying me the required wages.

The RFE came in the month of March 2006 and did replied to the RFE in JUne 2006 and was really nervious as you can see from my last post but thank god i got an email today stating that my I 140 is approved and thats a big thing for me.

I changed my employer recently and transffered my H1 B a week ago haven't got a transfer approval yet but will be getting an approval may be within a month.

Question i have is since i am an indian and filled in EB3 retrogession is killing everybody and can not file for I 485 can i change my employer and take my I 140 with me to the new employer.

Whats the procedure and if not what are the options i have now.

Please help me in getting this answers.

Best Regards

Saburi.
 
Hi Saburi

I am in a similar situation as you are in. After doing some research this what I found.

You cannot carry over your I-140 to the new employer but you could use the priority date. Once you have an approved I-140 the Priority Date belongs to you permanently.

The procedure is your new employer will have to file your GC process from scratch. Once your Labor and I-140 are approved with your new employer, when filing for your I-1485 you can attach a copy of your approved I-140 from your ex-employer and request them to apply the original priority date instead of the one from the from the new employer.

NJDude.
 
Can u pls tell me if,this is possible for substitute labor.


NJDude said:
I am in a similar situation as you are in. After doing some research this what I found.

You cannot carry over your I-140 to the new employer but you could use the priority date. Once you have an approved I-140 the Priority Date belongs to you permanently.

The procedure is your new employer will have to file your GC process from scratch. Once your Labor and I-140 are approved with your new employer, when filing for your I-1485 you can attach a copy of your approved I-140 from your ex-employer and request them to apply the original priority date instead of the one from the from the new employer.

NJDude.
 
Hi pranamNY

When you use a substitute labor with your new employer, you will be filing your own I-140 based off of that.

If the I-140 has been approved for the original person (whose substitute labor you are using), then you cannot carry over the priority date from his I-140 to the one you got approved with your new employer.

You only benefit from the substitute labor. But you do not benefit from the I-140 of the original person.

I hope I have understood your question correctly!

NJDude
 
How come I 140 of original person will be approved ,according to my employer .the person left company many years back.And they don't have any touch with him.that is the reason they gave me his labor.

I wanted to restart perm labor to convert eb3 to eb2.


-------------------------------------
Substitute labor
Case RIR - CA - EB3
PD April 15, 2002
I140 April 3, 2006 (NSC)
RFE mailed july 17 06
LUD july 18,2006
LUD july 22 2006
RFE received

Status I140 :pending

NJDude said:
When you use a substitute labor with your new employer, you will be filing your own I-140 based off of that.

If the I-140 has been approved for the original person (whose substitute labor you are using), then you cannot carry over the priority date from his I-140 to the one you got approved with your new employer.

You only benefit from the substitute labor. But you do not benefit from the I-140 of the original person.

I hope I have understood your question correctly!

NJDude
 
Hello Buddy

There will be no good news as far as Retrogession is conerned.

Retrogression Expected to Get Worse Before It Gets Better
As recently as December 2004, all employment-based (EB) categories for permanent residence were "current". That is, there were no backlogs.
That all started to change in January 2005 when the EB-3 category (professionals and skilled workers) backlogged three years. These backlogs are referred to as the "retrogression".

The retrogression has gradually gotten worse during the past 21 months. The October 2006 State Department Visa Bulletin reveals that the EB-3 category has now retrogressed almost 4 1/2 years. The backlogs are even greater for persons born in India and Mexico. Even the EB-2 category for advanced-degreed professionals has backlogged for persons born in India and China.


In the absence of congressional action, the retrogression will get worse, probably a lot worse, before it gets better. Why?
In May 2005, President Bush, recognizing the tremendous shortage of nurses and therapists, signed a bill which "recaptured" 50,000 immigrant visas for Schedule A professionals, primarily registered nurses, physical therapists and their family members. By the end of this month, all 50,000 visas will be used up. What will happen to RNs and PTs who are still in line for green cards and those who will apply for permanent residence in the future? They will be added to the EB-3 backlog which will result in increased waiting times, perhaps to five years or more.

The total number of persons who are permitted to obtain permanent residence each year in the employment-based categories is only 140,000. Adding another 30,000 - 50,000 to the current backlogs will certainly make the retrogression more severe.

Even more problematic are the 300,000+ applications for labor certification currently pending in the Labor Department's (DOL's) Backlog Elimination Centers. DOL has pledged to take action on each of these applications within the next 18 months. Even if only 200,000 of these applications are ultimately approved, if 50% of the applicants have a spouse and one child, the number of green cards needed to accommodate them would total 300,000. This is more than double the annual cap on EB green cards. Therefore, this has the potential to make the EB-2 and EB-3 numbers regress another two years.

Finally, present laws contain hard per-country caps. This means that countries like India and China which have populations of over one billion persons each have exactly the same quotas as Monaco and Mauritius, two tiny countries which supply the U.S. with virtually no immigrants. Given that most H-1B professionals are born in India and China, the per-country quotas will exaggerate the retrogression for persons born in these countries.

If high-skilled immigrants could only come to U.S. or remain in their own countries, our country could afford to continue this backward, "Let them eat Chicken McNuggets!" approach. But various European countries, Canada, Australia, New Zealand and the Persian Gulf countries are all competing for these talented individuals. Even Germany, the great bastion for engineers is seeing the number of German students studying engineering fall precipitously.

It is in our national interest to make our country the principal destination for computer professionals and scientists, for nurses, teachers and therapists, and for businessmen and physicians from all over the world.

The Senate immigration bill (S.2611) would have greatly expanded both the outdated employment and family-based immigration systems and eased the per-country limitations. Unfortunately, House Republicans, worried that they might lose their majority in the mid-term elections, refused to negotiate a compromise bill with the Senate.

Perhaps, in the "lame duck" session of Congress which will occur after the November elections, reason will prevail and Congress will pass amendments to fix our legal immigration system.


No Matter What ever you do this House Rep are not going to make anything come our way and trust me if we won't speak together they won't even bother to make any efforts.

So please do write to all the Senate and House Reps and please do Gandhigiri with them as according to Munna Bhai these House Reps are BIMAAR


Best Regards

Saburi
 
new in I-140

hi there
I just got my labor certified and now i have to start the next step I'm lost in all information around
can someone tell me how can I find what to do, I dont trust my company's lawyers and i need some guide
thanks
also I'd like to know what info should I put in here to get in the track?
 
boston28 said:
hi there
I just got my labor certified and now i have to start the next step I'm lost in all information around
can someone tell me how can I find what to do, I dont trust my company's lawyers and i need some guide
thanks
also I'd like to know what info should I put in here to get in the track?
Next step is 140 and that also need to be filed from the employer side. You can try to learn about the process by following the steps listed on the following link:
http://immihelp.com/gc/
 
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