TRACKER: Jan - Dec 2003 in Spreadsheet

AC21/future employment

Hi gurus,

I know I am pretty much messed up with my immigration stuff and living in US on H-1B from past
7 years, I am wondering you guys can suggest me some thing

I don't see any thing in the AC21 rule that we need to currently working for sponsoring company to
take advantage of changing job after 180 days. I have a company A who filed I-140 four months
ago on future employment bases using substitute labor and they got what ever they expected from
me ( you know what I mean ), so now they are not giving me employment letter to file I-485. My
questions are:

1. I have remembered seeing some where in this thread , Ginu mentioning "we can file I-485 with
out letter from employer and USCIS will issue a RFE when they open a file after few years". Can I
do that even with future employment thing, I have I-140 receipt notice with me, Can I just file 485
with out letter from them and still can get EAD and AP approved.

2. If the answer to the above question is yes, then can the sponsoring company can revoke I-140
after 180 days of filing 485 just because its a future employment. Can I just send a AC21 letter to
USCIS after 180 days along with employment letter with same skill set from my current employer,
so that the sponsoring company has no longer have control over my pending I-485, even though I
never worked for them.

I appreciate your suggestions

Thanks
KrishnaMK
 
I140 processing times

Hi Nanshi,
When do u think will my case be approved.
rd 8/20/03, nd 8/25/03 , EB3 Concurrent from NSC.
 
rs74,
Mostly within this month.

naanshi.

(All are my calculated guessing only. Don't sue me, if I am wrong)
 
al_paso

it does happen sometimes to NSC center too.. if you see the NSC 140 tracker you will notice the some cases approved in 1-2 months..

just luck (like lottery)
 
*****************************
I140Helppls wrote*****

********
re: krishnamk
i sent u a private message with my thoughts.

*****************************

:) what the heck are we supposed to understand by this?
Seems like Love is in the air ;-)
 
Any guesses on my case: RD 07/22/2003 EB3-CP?
I have seen somebody getting approved with RD one day before main. DO you know if it makes any difference at this stage from which state did you apply?
 
bakerpol :

I am also in the same boat mine is EB2-CP-July 16'03. I called BCIS this morning but I guess call always goes to customer service and they read the status what we can check online.
 
Originally posted by rseth123
bakerpol :
I called BCIS this morning but I guess call always goes to customer service and they read the status what we can check online.
Click to expand...


Great work by Customer Service as always. At least they have proved you that they can read online messages:D :D
 
####################################
Great work by Customer Service as always. At least they have proved you that they can read online messages
################################3

Now since they will get more money from us petitioners, they may even learn one or two more tricks:)
 
Consular vs concurrent

Hey guys I need help :

My labor cert just got approved.I am physician and currently into private practice(internal medicine).I have an offer for the fellowship (oncology-which is a specialization) starting July 2005.
my lawyer suggested that its impossible to change the employer in this scenario (even after 180 days of pending I-485) as salary and job category will be different.So he suggested to not to apply concurrent but go for consular.

My questions are:

1) My job in broader term will still be a physician.(though changing from gen practice to oncology)Do you think it could be a problem to change to fellowship after I 485 is pending for 180 days.What can be the legal implications.
My salary will be much less in fellowship.Does it have any impact.

2) As time is limited what do you gus suggest : to go through consular processing or I 485.Seems like I-140 filed through cp are pretty delayed as compared to concurrent.

3)To make the story short:
I have total of 16 months to change the job.Do you think its possible via consular.Which consulate in India do you guys think is the fastest.

Please help me out.I am naive to this whole forum.
 
485 Receipt

My attorney mailed 485 on 22-DEC-2003. But still no receipts from NSC. Attorney is trying to trace the application. She said that the check has not been encashed.

So this is bad shape .. Not sure what is going on

Any thoughts from Gurus for tracing this
 
It looks like All the EB3 I-140 cases with Notice date on or before Aug 15, 2003[Friday] were asssigned to Officers for processing and we are seeing approvals for those cases. EB3 Cases from Aug 18, 2003 are still sitting in the Work processing Unit for getting assigned. Till H1B cap is reached and officers are back to I-140 cases, I GUESS we are not going to see any Approvals for EB3 cases which filed from Aug 18, 2003 Monday.

This also confirms our friend I140NSC's posting on December 18,2003. Good job I140NSC. How did you get this inside info????:confused:


Originally posted by I140NSC on December 18, 2003
Guys,

All what I can say here all the concurrent cases with ND August 18 and bellow are out of shelf, and the proccessing time take 2 weeks, we should see some approvals very soon.
Click to expand...
 
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485 Receipt

485 Receipt
My attorney mailed 485/AP/EAD on 22-DEC-2003. But still no receipts from NSC. Attorney is trying to trace the application. She said that the check has not been encashed.

So this is bad shape .. Not sure what is going on

Any thoughts from Gurus for tracing this
 
Naanshi,
My 140 ND is Aug 15th.. I know 3 other cases EB3 RIR prior to Aug 15.. no approvals so far.. I think NSC is processing cases on exact time frame of 6 monthts.. for ex we saw some approvals for cases with ND of Ist week of Aug but not 2nd week.. since we are still in First week of Feb, NSC might process them next week so that they clear 2nd week of Aug cases by 2nd week of Feb.

Unless NSC140 source of information is something official.. I feel all Aug cases might be cleared in Feb and there is no concept of 2 weeks cases are out of shelf or anything like that..

Lets wait and see the trend..
 
nelabor,
I think You are O.K. You have to remember that when you sent your applications, it was holiday session. In July, August 2003, even without holidays, some people in this message board got their receipt notices after two months.

If you or your attorney have the FEDEX delivery receipt or something like that then I don't think, you have anything to worry this time. You will get your receipts soon.


naanshi.
 
naanshi

So the Receipt date will 2 months later from the date we mailed it to them. I was not aware of such cases at all. that is Intresting. I dont know by what means (Fedex/USPS) my attorney sent the mail to them
 
Nash140.

This is a discussion board and we all are here to discuss our views and opinions. Some times it will be right and most of the times it will be wrong.

I did not say that all the cases before Aug 15th "got approved". Looks like It all "got Assigned". Meaning the cases were taken out of the Work processing Unit and with some officers for getting processed.

I completely agree with you in "I feel all Aug cases might be cleared in Feb". I think that even some September cases will be processed before end of this month.

naanshi
 
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