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  • iwantmygcnow
    11-03 04:43 PM
    I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

    Has anyone had any success with Texas Service Center for this kind of request recently?





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  • jonty_11
    07-05 03:39 PM
    I dont think WE are bred to be competitive as u said....
    if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.

    I would call it unhealthy competition





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  • gcgonewild
    07-29 02:27 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(





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  • GCEB2
    07-16 08:21 PM
    I guess u can apply seperately as each one holds individual H1 status



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  • stillhowlong
    01-18 10:36 AM
    You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

    For interfiling, one can request the priority date porting in any of these:
    - when you file the 2nd I140. You can send a copy of the first one and request to use that date.
    - when you file the 485, you can request to use the earlier priority date.
    - After you file 485, you can send a request to use the earlier priority date.
    In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

    When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

    Note: This is not a legal advice. Please consult a lawyer.

    Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

    Thanks
    SHL





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  • krupa
    04-29 03:24 AM
    I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
    Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?

    Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
    Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.



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  • ssterian01
    07-02 12:18 PM
    Hi All,

    I have I485 pending,
    EB3 NON-India or China ,
    EAD ,
    wife on H4 , not added on 485 (married after filed I485)

    If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
    1. The process is smooth for language training if I am the sponsor and the school is accredited

    2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?

    Thanks everyone for any piece of information





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  • kondur_007
    10-21 10:35 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
    Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.

    One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).

    Good Luck.



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  • Geni
    05-30 09:43 PM
    Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE



    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.





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  • desi485
    11-02 03:45 PM
    You are very welcome...

    Consular processing is way faster is what I was told.

    I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.

    I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:



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  • sdrblr
    11-01 10:07 PM
    You do NOT need a mexican visa for Indian citizens if you satisfy the below

    1) Stay less than 72 hrs
    2) stay with in 40 km from the US border

    Get a Mexican Permit (alternate to a visa)... Permit is just a piece of paper, the Mexican immigration officer do not even stamp your passport with an entry stamp. I had been to Mexico to get my US visa stamped and I never got a mexican visa.

    Hope this helps.


    Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.



    The blog also states that you can ask for I94 at the port of entry. Please google for the blog.


    Edit: This is the blog http://tijuanatrip.blogspot.com/





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  • pal351
    05-27 04:35 PM
    I called and my employer called them. they said case is ending no further info. is available.

    thanks for replys.



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  • prasadn
    04-20 02:34 PM
    Since we got conflicting/confusing answers we went to San Diego, parked our car at the border, walked across the border and walked back in with a new I-94. It was an easy process and took about an hour.





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  • knowDOL
    08-15 11:01 AM
    Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

    My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

    In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks



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  • gcsucks
    07-01 09:27 AM
    After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
    h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
    The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)

    Any help is appreciated





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  • RNGC
    02-15 01:47 PM
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  • indyanguy
    08-07 09:27 AM
    I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.

    U mention what u have filed and what u r expecting.

    I think almost everyone has filed 485/140/EAD/AP.
    I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.

    If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
    If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.

    I hope this helps.

    Meanwhile, please work on some action items and your wait will become more easier.





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  • no-tec
    10-14 07:15 PM
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  • webm
    12-15 08:55 PM
    I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....




    I thought you got second FP notice..now i got your point..that you have received FP notice with some sort of stamp after your FP was done..but I dont think they sent this type of notice to everyone/rarely..





    GCNeophyte
    09-17 02:11 PM
    one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.

    I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders





    chanduv23
    06-05 08:50 AM
    I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

    I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

    After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

    Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

    Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.

    First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.

    It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.

    You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.

    Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.

    My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
    The better you treat your client, the better business for you.



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