Discussions and Questions: I140 NSC
- Thread starter robocop104
- Start date
Gurus, I need your help.
My lawyer told me today that concurrent filling of I-140 and I-485 is not possible anymore, because they ran out of Visa numbers.
The highly "complicated" formula doesn't allow him to take even a guess when I can file the I-485. Of course, I can file the I-140, but for the EAD I have to have a filing receipt of the I-485.
Can anyone verfy this? And where can I track the availability on the Visa numbers?
Thanks Guys
PD: 1-15-03
RD: 3-2004
45day letter: 3-2005
LC appoved: June 7, 2005
I-140 filed: July 2005
My lawyer told me today that concurrent filling of I-140 and I-485 is not possible anymore, because they ran out of Visa numbers.
The highly "complicated" formula doesn't allow him to take even a guess when I can file the I-485. Of course, I can file the I-140, but for the EAD I have to have a filing receipt of the I-485.
Can anyone verfy this? And where can I track the availability on the Visa numbers?
Thanks Guys
PD: 1-15-03
RD: 3-2004
45day letter: 3-2005
LC appoved: June 7, 2005
I-140 filed: July 2005
A new visa bulletin is published around the 15h of each month for the following month
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
GC_2002_2005
Registered Users (C)
[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2
[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2 from NSC (Nebraska)
Gurus, please comment on the following assumptions / hypothesis. Your comments will help those of us obtaining labor certifications and getting ready to file 140. Thanks in advance.
After labor certification, EB2 cases under Nebraska Service Center:
1. 140 --> Attorney Certified CP:
Best Case : 1 month for 140 and 2 months for AC CP, Total 3 months.
Average Case : 3 months for 140 and 3 months for AC CP, Total 6 months.
Worst Case : 1 year for 140 and 3 months for AC CP, 15 months.
Risks: Before filing of CP retrogression could occur. Visas could become unavaible.
Advantages: Faster GC. Delays are more deterministic. Even if retrogression occurs for EB 2, new approvals from Dallas BEC are from late 2002 or early 2003. Unlikely retrogression will go back untill then.
2. 140/485 Concurrent or 140/485 Separate:
Best Case : 6 months for GC
Average Case : 18 months for GC
Worst Case : 36 months for GC.
Risks: Could take 3 years
Advantages: If filed concurrent, could avoid the bad effects of retrogression. If NSC really iplements 180 day approval, it will be great. Looks like for new filings this seems to be a possibility.
[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2 from NSC (Nebraska)
Gurus, please comment on the following assumptions / hypothesis. Your comments will help those of us obtaining labor certifications and getting ready to file 140. Thanks in advance.
After labor certification, EB2 cases under Nebraska Service Center:
1. 140 --> Attorney Certified CP:
Best Case : 1 month for 140 and 2 months for AC CP, Total 3 months.
Average Case : 3 months for 140 and 3 months for AC CP, Total 6 months.
Worst Case : 1 year for 140 and 3 months for AC CP, 15 months.
Risks: Before filing of CP retrogression could occur. Visas could become unavaible.
Advantages: Faster GC. Delays are more deterministic. Even if retrogression occurs for EB 2, new approvals from Dallas BEC are from late 2002 or early 2003. Unlikely retrogression will go back untill then.
2. 140/485 Concurrent or 140/485 Separate:
Best Case : 6 months for GC
Average Case : 18 months for GC
Worst Case : 36 months for GC.
Risks: Could take 3 years
Advantages: If filed concurrent, could avoid the bad effects of retrogression. If NSC really iplements 180 day approval, it will be great. Looks like for new filings this seems to be a possibility.
dcmetro22042
Registered Users (C)
Guys: This update is quite unfortunate for me it seems. Have not been able to talk to my laywer but my HR rep did. Now she has no idea what he told her..went over her head. I think what she gathered is that USCIS is telling my lawyer to convert the case from EB2 to EB3. Not sure why 
Here is my Q. Will they expect us to re-file or do they just convert from EB2 to EB3? We barely made the dates to file concurrently. If they ask us to re-file, me and my wife shall not be able to get benefits of EAD/AP and that would be such an unfortunate thing. I shall talk to the lawyer on Thursday where he is going to explain things to me.
Until then I am worried...will I have to re-file and loose 485 benefits? Or does USCIS simply convert EB2 to EB3?
To add salt to the wounds, just got an email from USCIS that my EAD has been approved and cards shall be mailed out soon, when ready. If my EB2 is not converted to EB3 and 485 needs to be refiled..it would be quite unfortunate..having received cards which are useless!
Does anyone have any info on above?
Here is my Q. Will they expect us to re-file or do they just convert from EB2 to EB3? We barely made the dates to file concurrently. If they ask us to re-file, me and my wife shall not be able to get benefits of EAD/AP and that would be such an unfortunate thing. I shall talk to the lawyer on Thursday where he is going to explain things to me.
Until then I am worried...will I have to re-file and loose 485 benefits? Or does USCIS simply convert EB2 to EB3?
To add salt to the wounds, just got an email from USCIS that my EAD has been approved and cards shall be mailed out soon, when ready. If my EB2 is not converted to EB3 and 485 needs to be refiled..it would be quite unfortunate..having received cards which are useless!
Does anyone have any info on above?
cookie2001
Registered Users (C)
RFE on experience letter
Dear Gurus,
I just received an RFE for experience evaluation.I have copies of the offer letters and resignation letters from each of my prior employers.However, none of them describe the job responsibilites and the skill set required. After recieveing the RFE I was able to contact two of the employers for updated documents but two others are no longer in existence. Could anybody please advise what can be done under the circumstances.Please note that I do not have any contact information for colleagues either. I was with each of these companies for a year way back in 1997.
Could some one please advise... What would be the best way to approach this problem....Do RFE's of this sort lead to denials...I am very worried and tense.Pleasse help!!!!
Dear Gurus,
I just received an RFE for experience evaluation.I have copies of the offer letters and resignation letters from each of my prior employers.However, none of them describe the job responsibilites and the skill set required. After recieveing the RFE I was able to contact two of the employers for updated documents but two others are no longer in existence. Could anybody please advise what can be done under the circumstances.Please note that I do not have any contact information for colleagues either. I was with each of these companies for a year way back in 1997.
Could some one please advise... What would be the best way to approach this problem....Do RFE's of this sort lead to denials...I am very worried and tense.Pleasse help!!!!
cookie2001
Registered Users (C)
johny74 said:
The problem is that for one of the companies, I am even unable to contact ex- colleagues. I don't have any of their contact info and they have moved to various others parts of the world...This was way back in 1997. All i have is the orginal offer letter and the resgination letters which specify the duration I was there and the capacity I was working in...no details on specific job duties and responsibilites.
Contact somebody from HR of that comapny. Explain the person that it's a life & Death situation for you (in terms of career and future). Tell the person that you can send the 'Ready to print' letter in word format through email and all they need to do is verify it and have a manager sign it. Also tell that you can send the scanned copies of the original offer letter and resignation letter for their verification. Explain them that you are not asking anything wrong but just the experience letter from their organization with detailed job duties and responsibilities. Don't forget to be calm and polite while talking and also to thank them (mention that you heartily appreciate their help!). Anybody with heart will help you!
It worked for me and I got letters from my previous employers in US and India in 2-3 days, even if it was 5-7 years that I left those companies and did not know anybody there.
Good luck!
Leo
[
QUOTE=cookie2001]The problem is that for one of the companies, I am even unable to contact ex- colleagues. I don't have any of their contact info and they have moved to various others parts of the world...This was way back in 1997. All i have is the orginal offer letter and the resgination letters which specify the duration I was there and the capacity I was working in...no details on specific job duties and responsibilites.[/QUOTE]
It worked for me and I got letters from my previous employers in US and India in 2-3 days, even if it was 5-7 years that I left those companies and did not know anybody there.
Good luck!
Leo
[
QUOTE=cookie2001]The problem is that for one of the companies, I am even unable to contact ex- colleagues. I don't have any of their contact info and they have moved to various others parts of the world...This was way back in 1997. All i have is the orginal offer letter and the resgination letters which specify the duration I was there and the capacity I was working in...no details on specific job duties and responsibilites.[/QUOTE]
cookie2001
Registered Users (C)
Thank you Leo but the problem is that two of the companies are not in existence and there is no HR department to contact. For the two that exist I have made the request and they have promised to send the doc..The problem is that for on the companies that is no longer operational, I do not have even colleague contact info....
[/QUOTE]leogsb said:Contact somebody from HR of that comapny. Explain the person that it's a life & Death situation for you (in terms of career and future). Tell the person that you can send the 'Ready to print' letter in word format through email and all they need to do is verify it and have a manager sign it. Also tell that you can send the scanned copies of the original offer letter and resignation letter for their verification. Explain them that you are not asking anything wrong but just the experience letter from their organization with detailed job duties and responsibilities. Don't forget to be calm and polite while talking and also to thank them (mention that you heartily appreciate their help!). Anybody with heart will help you!
It worked for me and I got letters from my previous employers in US and India in 2-3 days, even if it was 5-7 years that I left those companies and did not know anybody there.
Good luck!
Leo
[
QUOTE=cookie2001]The problem is that for one of the companies, I am even unable to contact ex- colleagues. I don't have any of their contact info and they have moved to various others parts of the world...This was way back in 1997. All i have is the orginal offer letter and the resgination letters which specify the duration I was there and the capacity I was working in...no details on specific job duties and responsibilites.