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| Hello, I'm ourIshan
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My nationality is India
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I last logged in on 04 Mar 2008
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I have been a member since 04 Nov 2007
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| I have added
33 posts in trackitt forums
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I added my last post on 29 Dec 2007
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ourIshan's Immigration Cases
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| I-485 case:
Approved in 177 days (194 days less than average*) (4 comments) (View approval trend) |
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| User: |
ourIshan |
Priority Date: |
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| Service Center: |
Texas |
Category: |
EB3 |
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| Application Mailed: |
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USCIS Received Date: |
02 Jul 2007 |
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| USCIS Notice Date: |
02 Aug 2007 |
Filing Type: |
concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
13 Dec 2007 |
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| Fingerprinting Date 1: |
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Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
too early to say |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
approved |
Approval Date: |
26 Dec 2007 |
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| Card Ordered Date: |
26 Dec 2007 |
Card Received Date: |
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| EAD Applied: |
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AP Applied: |
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| EAD Approval Date: |
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AP Approval Date: |
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| Nationality: |
India |
Country of Chargeability: |
- |
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| Applicant Type: |
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Last Updated: |
28 Dec 2007 |
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| Notes: |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: 485 pending (adjudicated), got Lay-off today
Get a new job in the same or similar job classification of your Labor certificate which was used to file your 140 (and 485)
Gurus, please suggest if you have any other ideas!!
I'm not a lawyer, so this is just my opinion |
Topic: question-I1140 pending,485 filed - change of employers
I used to collect all these for myself, please find the answer with my notes
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
* When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
* The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
o (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
o (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
o (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
o Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
* In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
Also please find more info here
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=2701060351 |
Topic: Current Status: Card production ordered.
Hmm Dont know where to start
Applied LC - TRADiTIONAL in 1999 from NYC
Cleared State 2002
Dumped into BEC sometime in 2005
Case came out on June 14 from BEC
Rest is history
My LC Sub is from 2002 Labor, which is alseo cleared (both EB3) |
Topic: Current Status: Card production ordered.
I have a problem though. I'm moving to a new home on Jan 5, 2007. Should I call USCIS and inform them that if they send the new card after Jan 5, 2007, send it to new address or else send it to current (old) address? |
Topic: Current Status: Card production ordered.
HMM, i have one more 140 based on sub labor which my company filed as a backup, which is irrelevant now anyway :-) |
Topic: Current Status: Card production ordered.
Thanks! I still cannot believe it as I did not get any email that I485 is approved!! I only got an email that card production ordered!!! I became immune to GC process as I waited far too long. Others please tell your experiences if you were in the same situation (CARD PRODUCED) |
Topic: Current Status: Card production ordered.
Mine is not LC sub. Was in backlog center for ever! (Traditional Non RIR)
Can I assume that i'm a GC holder now or wait for the I485 approval email too? |
Topic: Current Status: Card production ordered.
I did not get any other email like "485 approved" etc, directly this email |
Topic: Current Status: Card production ordered.
I still cannot believe that I'm now a GC holder. People, please confirm that "card production ordered" means GC :-)
Been waiting for this day for ever! Now I cannot believe!! |
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