I-140 CALIFORNIA EB2 Tracker only

Re: Re: why EB2 got stuck?

Hi Gin,

needluck4GC 's statement is based on the following: "The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004"

For more info look into this
http://www.immigration.com/frame/h1bnewprofr.html

--Vortex

Originally posted by gin
needluck4GC -

Why do you think H1B processing will start in April 1st? They start H1B processing only in October 1st. October 1st is the start of the year for INS and that's how I am basing my theory. Where did you get that April 1st info?
Click to expand...
 
Guys,

Small clarification. INS is letting people to file H1 from April 1st. but they are going to process filed applications from October 1st 2004. This early filing allows people to maintain their status.

hope the process our I140's soon.

Tks
VCB
 
Check this out you'll know

Guys, read the following message posted by Mr. Rajiv S. Khanna
or your can go to
http://boards.immigration.com/showthread.php?threadid=117554

You'll know why I'm so worried about our I-140 applications.


Further News from CIS
CIS has confirmed the following:

1. They will adjudicate FY2005 cases as soon as they can (not wait till October 1.). So if you file on 1 April, the CIS will start procesing in April itself.

2. Premium processing IS available fro April filers and beyond. There was some doubt about it, but CIS has resolved it.

3. The following classes are exempt from cap:

(a) beneficiaries who are in J-1 nonimmigrant status in order to receive graduate medical education or training pursuant to Immigration and Nationality Act (INA) 212(e)(iii),and who have obtained a waiver of the 2-year home residency requirement under the provisions of the INA first 214(1)(1)(B)(commonly referred to as the Conrad State 20 program);or

(b) beneficiaries who are employed at, or who have received an offer of employment at, an institution of higher education (as defined in the Higher Education Act of 1965 101(a), 20 USC 1001(a)),or a related or affiliated non-profit entity; or

(c) beneficiaries who are employed by, or who have received an offer of employment from, a non-profit research organization; or

(d) beneficiaries who are employed by, or who have received an offer of employment from, a governmental research organization; or

(e) beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B; or

(f) beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.


__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
rskhanna@immigration.com; http://www.immigration.com
703-908-4800 Extension 110
 
Amazing News!

Let me be the first to tell you that the CSC will soon begin processing EB-2 I-140s and I-485s in less than 90 days if no national interest waiver is involved. The CSC will start with newly filed cases and then process pending cases.

Source: shusterman.com

Is it too good to be true or what?
 
"Concurrent Filing," 90-day I-140/I-485 "Concurrent Adjudication"

Hey, Step Aside "Concurrent Filing," 90-day I-140/I-485 "Concurrent Adjudication" is Looming Up!

According to the AILA, the USCIS is launching two interesting pilot programs to complete adjudication of I-485 applications within 90 days of filing.
In family-based I-485 cases, Dallas Local District of USCIS will launch such program beginning from May 3, 2004. The I-485 applicant will be "interviewed at the time of filing" and adjudicated within 90days. FB-485, DV-485, Special Immigrants-485 will be covered, but Asylee/Refugee-485, EB-485, and LIFE Act-485 will not be covered. Wow, the families and DV lottery winners should move to Dallas! It is hoped that people in Dallas USCIS jurisdiction are not exploded with flock of married couples, the relatives of U.S. citizen, etc.
In Employment-based I-140/I-485 cases, California Service Center is reportedly about to launch such 90-day concurrent I-140/I-485 adjudication program for EB-2 concurrent-filing cases. NIW-based EB-2 will not be covered by the pilot progam. Remember that the eligible cases are non-NIW EB-2 cases of concurrent filing of I-140/I-485 only. In EB-2, if you file NIW case, you are out. If you file I-140 for non-NIW EB-2 but not concurrently with I-485, you are out too. Only currently filed cases will be covered by this 90-day I-485 adjudication pilot program. Since the concurrent-filing rule requires that the I-140/I-485 be filed at the jurisdiction of I-140 petition, meaning the job site or place of employment, the people who obtained a labor certification approval for the job sites outside of the California Service Center jurisdiction should not attempt to flock into the California Service Center by selling their homes in other jurisdictions and moving into the CSC jurisdiction. It ain't going to work! Interesting question which has yet to be answered by the California Service Center is "undetermined location" labor certification cases. These cases are filed not at the location of job or place of employment but the location of the main business office of the employer. Accordingly, should employer's main office be located in the California Service Center jurisdiction, no matter where the roving job will be located, such EB-2 filers are allowed to file at the California Service Center regardless of their job sites and location of residence, and theoretically, they should be eligible for such pilot program privilege. It Ain't Interesting?
What do they mean by "pilot program?" Common sense tells that it means a testing of certain program to test the water. Overall, pilot program will give a hope to all the I-485 filers, including family-based and employment-based, in that eventually, it will reduce the I-485 processing times tremendously throughout the country. Apparently, it is targetting at achieving reduction of processing times at one year across the board in the near future. Since it will include the time for I-140 and I-485 together, it ain't bad at all! Hold your breath!!!!!!!!
 
Question on i-140 and layoffs

Hi, I have been following the labor thread on this forum.
It has been very informative. Here is my first question:

I have filed my 485 concurrently with 140.
Its been 6+ months since filing i-140.
I-140 has not been approved yet.
I am maintaining my H1B.
If I get laid off, and I find job in another company
which files a new h1 or gets an h1 transfer.
What happens to my i-140? Does it continue or do I
have to restart with labor certification again?

Is it possible that I dont have to restart the labor
certification process?

thanks!
 
You are okay ...if.....

I can understand your concerns. What you need to do in this situation is:

1. Keep your employer in good terms and get an assurance from them that they will not revoke your GC process and would support any RFEs later on your I-140 (after your layoff). Since GC is for a future job, I guess, you should be okay as long as your employer (who has filed your I-140) supports it.

2. In the meanwhile, you can transfer your H1 to a new employer and continue to work with them. Hopefully, your I-140 will get approved by then.

3. Also, since you have already crossed 180 days on your 485 filing, as soon as you get your I-140 approved, you can invoke AC21 portability and work with a different employer (the only caution there being, the new job/job responsiblities should be similar to the one mentioned in the LC which you used to file your I-140)

Hope this helps!!!

Good Luck with your I-140. Hope you get your approval soon.

Cheers,
anonymous
 
Looks like this apply to new applications only which will be processed faster than the one currently in the pipe. We may get I-140 soon, but we'll still have to wait 2 years for the I-485.
At least that goes in the right direction, hoping that they don't draw resources from other assignment for this pilot.
t3k
 
re:

i got a RFE on my 140 labor sub . i saw it on the website ....
my rd is 5/30/03 and the 485 has not been filed.
 
All,

My I-140 has been APPROVED by CSC

Priority date:- 06/2001
Labor Approved Date:- 04/2003
I-140 RFE date: 02/04/04
I-140 RFE response sent date: 03/25/04 by mail
I-140 RFE response RD date: 04/02/04
I-140 Approved date: 04/08/04

RFE:-
Company's ability to pay (2003 tax return), DE-6 for all 4 quarters of 2003, last 3 pay stubs (Oct, Nov, Dec 2003).

Documents that were sent with the RFE response:-
All the above requested documents plus pay slip for Jan, Feb and Mar 2004, W2 of 2003, My individual tax return of 2003

Company Info:-
Company's taxable income $17K approximate.
Current salary is less than 11K of salary specified in LC
Company employee size ~10

All the best folks
 
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