Impact of the New JAN 2005 Policy

S

SSV3273

Registered Users (C)
Impact of the New JAN 2005 Policy
==========================

Hi guys,

Seems whoever filed their Labor Certifications after 2002 need to wait for a long time for their I-485 approvals. Am sure this is a good news for some of you, but definitely not for everyone!

Mine was filed in Sept'03, got EAD, RFE on I-140 (sent response) and don't know how long (at least for 2 years) for my 485. At this point of time, not really sure how would it affect my I-140 too. I lost my hope for faster I-140 and 485 approvals. Earlier rule said that the I-140 application will not be processed until they actually open the 485 file. But now since 485 is going to take longer times, what happens to that policy?

My attorney is not giving any clear info for the employment portability either.

Any views/ ideas??

SSV
 
On the same topic,

I believe I-140 & I-485 will not be processed till the dates are become current for the application. In that case it'll take long long time to get adjudicated for people who have their PD after Jan 2002.

I believe it is okay to change the employer after 6 months(from receipt date) even your I-140 is not approved. Could you share your thoughts on this, please...

Thanks
 
My case is exactly same as yours...

Don't mind I start same thread in I-485 ? Let us see if we get any positive reply from gurus...
 
In same Boat

I-140/I-485 N/D 8/15/03
I-140 RFE 9/04, Response received by USCIS on 11/4/04

waiting........

BTW, what's the FP Name check thing? How to verify it?Pl. let me know.
 
webjockey said:
On the same topic,

I believe I-140 & I-485 will not be processed till the dates are become current for the application. In that case it'll take long long time to get adjudicated for people who have their PD after Jan 2002.

I believe it is okay to change the employer after 6 months(from receipt date) even your I-140 is not approved. Could you share your thoughts on this, please...

Thanks
Click to expand...


Changing employers without 140 approval is risky for you. You dont put yourself on risk but also your family incase you have been married. Any denial on 140 would put you out of status on the spot and would have to leave the country before sun sets or subject to a 3-10 yr ban on entry into the US.

Its advisable to stay with your current employer, even though now he has all control over guys, since he can just blame INS for your files not to be moving.

Everyone is going to be at the mercy of the employer. Beginning Jan 2005, its going to be employers market. All we can do is to pray and wait for our golden times to begin.

Good Luck
 
yes, sure. It is frustating I waited for 6.5 years for labor and I have to wait another 4 more years for GC.
 
am thinking cases will be processed

my 140 RFE sent and waiting

by the time the dates become current, what about those guys who get there labor approved and file there 140 only,,, will there cases be processed ??...if that is true all the other cases will be processed am thinking...there have been LUD updates on my case am waiting...just tired....of all this ..all this is driving me nuts...

----------
ND I40 03/2004
140 RFE 11/2004
140 RFE sent 12/06
LUD 12/07, 12/08, 12/09, 12/10
 
Question on changing Job with I485> 180, 140 pending

Everybody say changing job without 140 approval bear a high risk, but how about if sponsor still willing to support GC and promise to reply to any RFE on I140? In this case, can one change job after 485 pending longer than 180 days?

If there is an interview or RFE on 485, what will happen under below two scenarios:

1. Assuming I140 has not yet approval at this time, Then, will INS deny I140 or 485 since you already left your sponsor withour 140 approval ?

2. Assuming 140 had been approval at this time, Will INS deny your 485 since you left your sponsor before 140 approval?
 
wuyi said:
Everybody say changing job without 140 approval bear a high risk, but how about if sponsor still willing to support GC and promise to reply to any RFE on I140? In this case, can one change job after 485 pending longer than 180 days?

If there is an interview or RFE on 485, what will happen under below two scenarios:

1. Assuming I140 has not yet approval at this time, Then, will INS deny I140 or 485 since you already left your sponsor withour 140 approval ?

2. Assuming 140 had been approval at this time, Will INS deny your 485 since you left your sponsor before 140 approval?
Click to expand...


Answering your questions:

1. If your employer is willing to support you should be fine. But what happens if employer is willing to support and he cannot respond to RFE properly and you have already started working on EAD and INS denies your 140 application. Its still risky right???

2. No, INS will not deny your 485 if 140 approved, because 485 is based on your case and not on the company. So you should deal it at your own risk.
 
jan 2005 eb3 retrogress

is this going to effect us i know but how many days?
is this also will be long like our labors?
or it may take in 6 months?

my question is, is that after retrogress to jan 1,2002 , my 140/485 filed in sept, so how much time it may take to get to case?
can anyone guess?
 
Impact of the New JAN 2005 Policy
==========================

Well, it's going to be the employers game from now on! Try keeping a low profile and wait for good days to come. Am sure, INS does justice to the needed.

Do not lose your heart as long as you get paid. GC will be on its way to end the 'paycheck driven life' soon.
 
Question on already filed concurrent applications?

SSV3273 said:
Impact of the New JAN 2005 Policy
==========================

Well, it's going to be the employers game from now on! Try keeping a low profile and wait for good days to come. Am sure, INS does justice to the needed.

Do not lose your heart as long as you get paid. GC will be on its way to end the 'paycheck driven life' soon.
Click to expand...

Anyone has any info on what happens to the already filed EB3 concurrent applications?. Can we apply for renewing the EAD's and AP's once they expire?
 
Impact of the New JAN 2005 Policy
==========================

Friends, am happy to share with you this - My 140 has been approved last week. Any approvals on your side?

Now the question is: How is this Jan 2005 rule going to affect the already filed concurrent apps? Also, can we renew the EAD and AP after Jan 2005? Is it safe to use to EAD? How about Employment portability?

Thanks,

SSV
 
webjockey said:
yes, sure. It is frustating I waited for 6.5 years for labor and I have to wait another 4 more years for GC.
Click to expand...

If you have waited 6.5 years for your labor to clear then you would not have to wait anymore for final approval of 485 and hence GC. This Visa Number retrogress is good news for people just like you.
Expect your case to be picked up fast now as any cases later than yours are going into cold storage.

neocor
 
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