Saturday, June 11, 2011

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  • amitjoey
    05-28 12:27 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....


    PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
    In the meantime, get 3 years extension on your H1, based on approved I140.
    Check w/lawyer.





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  • krishna_brc
    03-25 08:12 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    Thanks.

    You should be fine as long as your W2's are higher than what is specified in H1 LCA.

    You GC Labor Wages are for furure job.

    Thanks,
    Krishna





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  • pcs
    08-01 09:31 AM
    bump





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  • gotgc?
    09-16 10:44 PM
    I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.

    Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...

    Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?

    Would Infopass or calling USCIS Customer service center help?

    Please let me know if you know of any other options?

    Thanks again...



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  • belmontboy
    05-22 07:35 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job

    what is the rationale behind applying two I140's?





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  • TwinkleM
    01-30 12:13 AM
    Hello Ravi,

    Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.

    Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.

    Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.

    In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.

    Answers:
    1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.

    2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.

    3) Until u get the answer to ur appeal.

    4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.

    5) Since you do not have EAD, you cannot continue working on ur current project

    6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.

    7) yes.

    8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.

    9) Yes.

    Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.


    Goodluck



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  • johnamit
    07-16 09:50 AM
    High-tech industry in their favor... that don't sound correct? is it?
    Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.





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  • misha
    07-12 01:13 PM
    Question for July I-485 filers.
    Did anybody receive I-485 July Rejection Notice by mail?



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  • ashkam
    12-03 04:18 PM
    To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.

    Correct me if i were wrong.
    Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
    Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder

    Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.





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  • raju_abc
    07-22 09:03 PM
    by consultant means "both are Consulting company" or rather i have applied H1 through a consultant and not through a company



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  • guygeek007
    08-06 11:08 AM
    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.





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  • newuser
    05-10 09:34 PM
    We recently had the same problem for my in-laws appointment (Hyd). The calendar shows the dates are avaiable, but when we are about to make the actual appointment, the hyperlinks are missing on the calendar. VFS did acknowledge this issue when I called their customer support no. There said to try after couple of hours ( or may be days) and it did work.

    Save the applications and try to schedule the date at a latter time. Call the customer support no on VFS website. Sometimes they would to try to schedule appointment. In my case, it didn't work even for the Customer Service Rep also.

    Best of luck.



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  • mbartosik
    11-04 12:09 PM
    It sounds like the UK is planning on increasing the points required for residence. I see nothing wrong with regulating the points required for residence based on needs of the country. Here it is done my H1B quota, but they forgot to change the EB GC quota too, and that's much of our aim here. In the UK it is done by points. Of course increasing the points will mean that average wage by those of non-British origin will go up. I'm quite sure that we on H1B have above average wage in US too.

    In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.

    Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.

    If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!

    That's why we need to act now, before we are kicked out for both earning more and under cutting!





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  • jnraajan
    03-27 11:59 AM
    No Volunteers yet :mad:



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  • tabletpc
    05-28 11:43 AM
    gc_on_demand
    when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
    or can I jsut apply for 485 with previous company labor and i-140 approval...??





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  • matreen
    08-22 11:02 AM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?

    2. What happens to my EB3 processing if my EB2 got rejected for some reason?

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?

    4. What all the requirements filing EB2 for converting from EB3?

    I would really appreciate your answers.

    Thanks,
    Matt.



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  • jotv
    11-19 01:09 PM
    thank you for your reply .

    i have another question is i took the dd in hdfc is 4322/- by combinding 4000+322. is this the correct way or should i have to take two different ?iam lokking for first time h1b visa stamping .i already mentioned this.

    before going to interview i have to take any other dd like h4 persons will do? if yes how much ? because i read some where 20,000 for blanket petition .

    please tell me what documents i have to take to the interview? is there any sample questions list ?

    i appriciate your help really.





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  • Blog Feeds
    02-08 06:10 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

    President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

    There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

    These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)





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  • Abhinaym
    01-31 01:27 PM
    I found this link:

    Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/query/z?c112:S.6.IS:)

    (Abhi_Jais, the link u pasted wasn't working for me.)





    BharatPremi
    11-08 11:30 PM
    Dear IV members,

    The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.

    We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.

    If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.

    Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.

    Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.

    Sending you a PM.





    gjoe
    08-21 02:31 PM
    I am almost there and expecting green card approval anytime. But now I am having second thoughts now. The desi consulting company I work for had eight people a year ago and two of them now going back (and one more is negotiating) at salaries 20-35 lacs. Has anyone explored Indian job market, if yes then what is hot?

    If you have a couple of crores (INR) you can start your own reality business. Big returns if you have the right connections.



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