CSC Oct-Nov 2005 Filing I-140 Tracking

Want to ask a stupid question.
Who owns the I-140 - employer or the employee? Labor certification is technically owned by the employer as even if the employee claims it is his/hers, it is of no use once he/she leaves that employee. Whereas, with I-140 approved, one can leave the employer (for whatever reasons) and claim the same PD for when they start new labor with the new employer, provided the application meets all other requirements.
Any insight will be helpful.
Thanks
 
GCHell said:
Want to ask a stupid question.
Who owns the I-140 - employer or the employee? Labor certification is technically owned by the employer as even if the employee claims it is his/hers, it is of no use once he/she leaves that employee. Whereas, with I-140 approved, one can leave the employer (for whatever reasons) and claim the same PD for when they start new labor with the new employer, provided the application meets all other requirements.
Any insight will be helpful.
Thanks

After I-140 gets approved, employee owns PD of I-140. Where as Employer owns I-140 before I-485 approval. Employer can withdraw I-140 till I-485 is not approved. Employer can re-file I-140 for the same or different employee at her/him wish.
 
Thank you!

dsugandhi,

Thank you very much for the clarifications. The first post is also very useful and has most of the answers.

The reason I went for a LC sub is that my own LC is still pending, so thought why not try my luck with the one that's already available. The retention of an earlier PD is a bonus. Keeping my fingers crossed...


dsugandhi said:
a. What is the Receipt Notice?
Receipt Notice is a confirmation paper from USCIS that they have received your case for processing. Receipt notice has follwing details:
Case Number:
Received Date:
Notice Date:
Case Type:
Pettioner Name: (Your company name)
Beneficiary Name: (Your Name)
Attorney information:
etc

b. Who receives it - the applicant or the attorney?
If you file your own I-140 then you will get it. If your attorney files your I-140 then he will get it. In short who ever filles I-140 gets the receipt notice.

c. Is this similar to the PD in a LC? Does this date/number determine anything?
No. It is not PD. Case Number is usefule to check the status online. Date is useful to check which received date USCIS is processing currently. If you have Date and case number then you can use USCIS's following two online facility.
1. To check status online
2. To check which Received Date USCIS is currently processing.
(For above links read very first post in this thread)
 
Urgent - Pls Fax this article !! Wall Street Journal - HOT

Folks : Look at this article
http://online.wsj.com/article/SB113...in_commentaries

It speaks about all our problems clearly in Wall Street Journal, written by no less than a Nobel laureate of international fame. We need to fax this to all the senators, they get to see with unbiased mind. Also, the article distinguishes H1, Gc and current system failure for permanent immigration to US.
 
Please dont post such useless links

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sundar99 said:
Folks : Look at this article
http://online.wsj.com/article/SB113...in_commentaries

It speaks about all our problems clearly in Wall Street Journal, written by no less than a Nobel laureate of international fame. We need to fax this to all the senators, they get to see with unbiased mind. Also, the article distinguishes H1, Gc and current system failure for permanent immigration to US.
 
Article from Wall Street Journal...

***********************************
* This article was published in the Wall Street
* Journal on November 30th, 2005. Posting
* here as it is relevant for the legal immigrant
* community
***********************************
Give Us Your Skilled Masses

By GARY S. BECKER
November 30, 2005; Page A18

With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.

An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!

This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.

So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.

Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.

* * *
To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.

Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."

Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.

Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.

Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.

Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.

* * *
I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.

Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.

Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?

Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.
 
Dude..u can login too..as a trial subscriber

Dude,

You can login as a trial subscriber to read it, " it is not a useless link ". Did you go to a link where the page did not exist ??. Pls watch your remarks.

Anyway, the next article in this thread has a cut and paste of the article, which is against the copyright laws :)

qwerty1111 said:
The Page You Requested Is Available Only to Subscribers
Please log in below to access the Online Journal (remember that all log-in information is case-sensitive).
 
Applied for I140 on 11/22

My attorney indicated that she applied for I140 on 11/22/2005, got the receipt on 11/28/2005. After that there is a LUD on 12/08/2005. Any ideas what that LUD might have been. There is no update on the message in the currrent status though???
 
nannagc said:
My attorney indicated that she applied for I140 on 11/22/2005, got the receipt on 11/28/2005. After that there is a LUD on 12/08/2005. Any ideas what that LUD might have been. There is no update on the message in the currrent status though???

hi nannagc:

the first LUD simply shows that they have keyed in your info into the system or assigning your case to an officer. ithis doesn't mean they are reviewing our cases yet. i had LUD changed right after i filed mine too.

good luck~~

-shagua
 
shagua said:
hi nannagc:

the first LUD simply shows that they have keyed in your info into the system or assigning your case to an officer. ithis doesn't mean they are reviewing our cases yet. i had LUD changed right after i filed mine too.

good luck~~

-shagua

Good stuff!! I filed my case on Nov.23rd and LUD for 131/140/485/765 is 11/29/05. I know that CSC slowed down tremendously compared to earlier in the summer. I saw 131 and 765 were approved in amonth. Now it takes more than two. I 140 is not moving at all. what are your opinions on processing speed?

DocPC

EB2/RIR/CA
LC PD: Oct. 03 AD: 10/26/05
I 131/140/485/765 RD: 11/25/05 LUD: 11/29/05
No FP appointment letter yet
 
No body knows when will they reach Nov-Dec. Only news is they are working on 7/29/2005 cases. Recently, I saw RFE/Approval for 7/29/05 people.
 
shagua said:
hi nannagc:

the first LUD simply shows that they have keyed in your info into the system or assigning your case to an officer. ithis doesn't mean they are reviewing our cases yet. i had LUD changed right after i filed mine too.

good luck~~

-shagua
Thanks Shagua. I was wondering why it has not chnaged even after month. Good luck for you too.
 
45-day letters are issued by the Backlog Elimination Centers (Dallas and Philadelphia) for the Labor Certification applications that have been transferred to these BECs from regional or state offices. This has nothing to do with the I-140/I-485 applications.

GCard_Dream said:
What is this 45 day letter and why do you get it? Is this something everyone gets?

Thanks.
 
dsugandhi,

Actually, CSC is processing the applications quite randomly. I have seen some guy posting that his 140 with notice date of August 15th, 2005 is approved. Looks like CSC is curretly processing the petitions filed during the last 2 weeks of August. Hopefully, it speeds up now and touches september cases around this month end or begining of next month. CSC is way too slow. Thats agreed and every one knows about it. But there is nothing that you can do about it. Correct!

dsugandhi said:
No body knows when will they reach Nov-Dec. Only news is they are working on 7/29/2005 cases. Recently, I saw RFE/Approval for 7/29/05 people.
 
Last edited by a moderator:
waiting time??

I did not get FP notice when I receive receipts. It's been closed to two months that I filed. what is the normal waiting time for FP notice?

what about 131 and 765? It did not take this long last Fall.

PD: Sept. 2003, EB2-RIR
I 140/485/765/131 RD: 11/25/05 ND: 11/29/05
no FP
 
New USCIS head

USCIS has a new head so lets see if things move faster in 2006.

PD : 10/14/05
I140 EB2 : 11/30/05
 
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