Rest of 2010 filers,
If CO is not yet decided with the March movement and waiting for the USCIS signal regarding ballpark total of filers, then there will be a good forward movement considering the fact that many of us are not going to file in the first week.
Several of our friends received mail from their attorneys ( including ourselves) not to rush them . ( I could see 2008 PDers around us are still filling their forms, waiting for affidavits ... )
Hope for the best !
Last edited by Kanmani; 01-23-2012 at 04:44 PM.
Sometimes I find it hard to understand why attorneys need so much time. Most of the information/documents we provide. Forms are really straight forward to fill. (specially I765)...puzzlingOriginally Posted by Kanmani
They cannot just robo-sign the applications saying they represent you. They actually are expected to do their due diligence and advise their clients of deficiencies, if any. So they do have documentation on their part to note even if the process is simple and the clients do all the legwork.
Folks, can someone please tell me which EB categories require filing of an I-140? Is it all or just EB2 and EB3?
Last edited by mrdeeds; 01-23-2012 at 05:12 PM.
Come on KD- no one is expecting them to robo sign. But still I find processing time to be high. You may have different opinion and thats fine.
eb1, eb2, eb3
Thanks KD! and is it the same for PERM as well or EB1s don't require PERM?
EB1 does not require PERM, EB2 and EB3 require PERM
I have looked at the relationship between the figures presented in the graph and PERM Certifications.
I do not think using the FY2007 figures from the graph as baseline is appropriate, since there are several factors that would lead to higher filing numbers of I-140 that are not on the same basis as future years.
Generally, the data shows that between 75% to 90% of Certified PERM lead to an EB2 I-140 filing, depending on the % of EB2 used.
The data also shows a very high approval rate for EB2 I-140.
This appears to be in line with the 20% factor most people allow in the calculation of the Transformation Factor (albeit it is shown as I-140 Denial %, rather than PERM to I-140 %).
Without an irritant, there can be no pearl.
kd,
I know you know this already.
EB2-NIW does not require PERM
Schedule A (mainly EB3, but also EB2-EA) does not require PERM.
The Department of Labor has made a schedule of occupations for which it delegates authority to the USCIS to approve labor certifications. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the sciences and arts (except performing arts).
Last edited by Spectator; 01-23-2012 at 06:53 PM.
Without an irritant, there can be no pearl.
Hi Spectator,
My EB2 I PD is 04/11 from State A. For personal reasons, I want to relocate to State B temporarily and then come back to State A when my PD becomes current. Based on your calculations, when PD 04/11 is likely to become current?
Also, another question. After filing I-485 in State A, can I move to State B ?
Thanks!
Hi Sportsfan33,
Thanks. I am working for a Fortune 10 company who has offices in most parts of US and that gives me flexibility to relocate. My Attorney said he will take care of H1B when I relocate but I need to come back to State A when they file I-485 because the approved I-140 is based on State A.
So, after filing I-485 in State A, can I relocate to State B?
Last edited by vgraj1; 01-23-2012 at 07:35 PM.
A similar situation for me, i moved to different city in same state with another employer a year back who promised to file PERM and 140 but it got denied last month (attorney's filed PERM wrongly) so all i am left out is with previous approved I-140, now i am working on options to go back to my previous employer to file 485 if PD become current, should i go back to make use of my approved 140 with PD 6/1/2010? or can i ask my employer to file once again a PERM and 140 and port my previous PD? What are my options and please suggest which is feasible in current time line?
Also a follow up question is
* If i choose to go back to previous employer when PD gets current : Can i produce pay stub from current employer?
Last edited by qriousjunta; 01-23-2012 at 08:04 PM. Reason: Kanmani mentioned my question is not clear. Editing my post for better clarity.
One reason it takes lot of time for the attorneys to file in the corporate world is that they tend to send many different applications from the clients together in a batch. Some firms are setup-ed to do this 2 to 3 times in a month. In most of these cases, checks are actually issued by the law firm itself which are later POed to the company account. To have smooth cash flow and avoid chaos this tend to cause some delay in the filings. It is not like that they are not working on your case or it is not ready to file but they are just waiting to prepare few other cases so that they can be filed together.
vgraj
After filing I-485,any further correspondence by USCIS will be sent to your home address . So it is mandatory that you must update your address to USCIS whenever you change the same ( even within the same city , same apartment complex).
There is a form for filing change of address which u can self file. After filing I-485, wherever you move do it after 180 days to safeguard your AOS.
The change of address form applies to GC holders and naturalized citizens too which enables the DHS to keep loop with the ALIEN . I dont know how many of the PRs and N.citizens are filing.
Last edited by Kanmani; 01-23-2012 at 08:10 PM.
qriousjunta
If my understanding is correct ,
Company A applied for Perm, I-140 with PD 6/1/2010.
Left company A and joined company B where I-140 denied .
Your question is if you join Company A again , do you need a new perm ?
The answer is NO . You can join back Company A and goahead with I-485
Last edited by Kanmani; 01-23-2012 at 08:20 PM.
Thanks Kanmani, i have edited my post for better clarity.
* If i choose to go back to previous employer when PD gets current : Can i produce pay stub from current employer?
Is this paystubs question for filing I-485 ?
If you are not joining Company A immediately, then get an reputed attorney to file your I-485 "with an intention of future employment" and you must join company A and work for them later .
Last edited by Kanmani; 01-23-2012 at 08:25 PM.
Guys ,
I am talking about time taken by attorneys to 'prepare' your forms and give it back to you for validation. I am not saying every one should file on day 1 - I am not going to it myself. Fact that irritates me when I am told that they are 'working' on case- which BTW means they are filling information provided by you in those forms. I mean come on if I don't hear anything from attorneys for 2 weeks and then at end of 2 weeks all they do is send those forms to you ( with some mistakes) then I don't think it's rocket science work they are doing. Filing is altogether different matter but they can at least prepare those forms and give back to us for cross checking.
You are right sun....i faced the same issue....the attornies wont work with your file, it is there team who work on your file...in one of my h1b filling the guys really messed up applying for moretime than what i can get....this happened after almost 5-8 mails from me mentioning i didnt have 3 years left in my visa then... by the time file reaches the attorny, his team eats most of the time and they act so busy where in there are not ready enough to listen what you want to tell them....
I can relate to what you are saying. I have been burnt via attorneys many times in past. Previously during July fiasco they filed my AOS application using wrong fees which costed us 4 years.
I was current again in July 2011 bulletin, which came in around 9th June. My papers were with them on 17th June. Earliest they got back to me was in first week of July with forms completely pre-populated wrong. I have to cross-check the form and rectify small-small errors. Smallest but important ones like "were you inspected by officer on last entry to US", Obviously since I was on H1B and entered through POE, answer should be 'yes' but they conveniently marked it 'No'. If I have not checked that error, I could been clearly identified as an illegal immigrant. Though issue would been solved later but could have costed me high lead time and stress. So take some time to read each line carefully. They tend to make lot of errors especially when work load is high.
Once my paper were all set, I thought we are ready to file but to my surprise they had not initiated request for EVL until second week. We finally filed on 19th July. It sucks but you have to be on your toe with them.
Last edited by shaumack; 01-23-2012 at 08:51 PM.
I agree on the last para. I dont know why they dont do stuff in parallel. After we signed and submitted everything then they initiated a request for checks and EVL from my company. Problem is not even time taken. I personally dont think it affects your application if you file on 1st or 21st, but the fact that they dont tell you anything until you email them 2 to 3 times. Even if they just give you info as to what the status is that would help.
Thanks Kanmani!
Suninphx,
I felt my attorney was going slow on my case, I sent her an email asking her to confirm if my documents are good and let me know if any are missing, there was no response even after a day, so called her up to find out she is going through almost 80 documents per person trying to file in an online system for 30 cases. She asked for my help and asked me to print all the documents and mail her as she doesn't have time to file all my documents, I felt sorry for her the way she said.
As for the main topic of the thread, I understood from my conversation with the paralegal the number of applications to be filed in feb are significantly higher compared to the number of applications that are being filed in January. This trend may be specific to my company but was different than the PERM statistics. Do the gurus think is this what CO is also surprised about.
True, that's what cause me file 4 PERM applications and the carelessness of attorney put me and my family in deep stress state. Not to offend anyone directly , the attorney do have a biased on the client(employer) and their size of business to their law firm and many a times they do not want to interact with the alien candidates directly.
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