Friday, June 24, 2011

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  • Naveen
    05-18 04:57 PM
    Look at it this way -- An additional quota means more regular EB visa's to go around which will help all. Asking to give 20k more GC's for US Graduates will sound more easy on the ears than asking for a general 20k increase.





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  • Siboo
    07-27 04:22 PM
    Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!

    Guys....please say....well said (pat on my own back)

    Well Said Kumar, Keep it up :mad: :mad:





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  • sanbaj
    07-28 03:38 PM
    :rolleyes:

    SANBAJ, congrates finally your suffering in GCJourney came to an end!!!

    I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.

    She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.

    Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...

    First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
    Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07

    Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.

    Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)

    What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.

    Thoughts?
    THANKS !!!


    When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.

    Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.

    As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.

    Hope this helps.





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  • Hydro
    03-17 01:35 AM
    Helo all,

    My mom had filed for an F2B category immigrant visa for me. Consequently, I attended an interview at the US consulate in Chennai, India and was given 221 (g) blue slip and asked to wait. When I contacted the embassy after 3 months I was asked to wait as my case is under administrative processing due to name check.

    Any idea how long more I shud be waiting, andyone in the same boat

    thnx



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  • adibhatla
    02-19 04:41 PM
    Just a small addition to your point 4.

    MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.

    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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  • jasguild
    07-16 11:29 PM
    But the EAD/AP is a good band aid indeed, for many

    Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.

    jasquil



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  • jethro11
    04-20 02:55 PM
    bsnf and solaris27,
    Thanks for your prompt replies. It is good to get reliable first hand information from travelers instead of relying upon reports from consulates, airline websites etc which all contradict one another. Just out of curiosity, did anybody in India or Frankfurt ask to see the Advance Parole papers before allowing you to board the flight?





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  • meridiani.planum
    01-05 03:42 PM
    I am curious to know with whom he spends the night with...only that one is eligible to come on H4.

    Damm...my imagination is running wild.

    this confirms that you are not married.
    I am, and as every married male knows, you sleep alone. Does not matter how many wives you have. Its something to do with the transformation that occurs in them as they go from girlfriend 1.0 to Wife 1.0.



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  • sugaur
    07-28 08:58 PM
    There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D





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  • prav27
    04-01 08:07 PM
    both fax sent



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  • mdmd10
    10-10 09:31 AM
    After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....





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  • here4gc
    06-06 02:28 AM
    What reason did you give for declining this promotion? what kind of company is this ? how big ? would your salary increase ?

    Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..

    Congrats on the promotion tho..:)



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  • gcnirvana
    06-20 03:06 PM
    Thanks Arihant. Yes it is strange and I am trying to find their ulterior motive behind this. All the while I thought my employer is not one of the typical desi employers (read blood sucking) we hear about in this forum. Hope I am right.

    By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o

    But, I will try to answer based on what I think you are asking.

    If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.

    For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.

    BTW, it is strange that they will do your wife's EAD/AP and not yours!





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  • anil_gc
    09-26 08:04 AM
    as per the certificate you completed the degree in June 2002 and you don't have five years from that date so it is tough now, filing for EB3 was a good option.
    Talk to the lawyer and see they can correct it at this stage



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  • diptam
    08-10 10:34 AM
    You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.

    Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.

    How could you talk in support of a evil legacy system ? :mad:

    No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...

    Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....





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  • indianabacklog
    08-01 10:05 AM
    I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.



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  • willwin
    02-19 12:11 PM
    I do not get it.

    As far as I know, a CP applicant can always switch over to AOS if already inside the US. It is harder for an AOS applicant to switch to CP.

    You will have to make a choice. Do you want the benefits of CP or AOS? The way things are presently, you cannot have both. So pick one.

    But the PD has to be current to switch over.





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  • lca2004
    04-02 05:10 PM
    sent both





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  • laborfd
    04-01 11:58 PM
    sent both fax





    H1bslave
    11-19 01:56 PM
    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
    any leads?





    aau
    08-22 01:58 PM
    It would help if Masters is only counted from the Acredited Univs...

    I am sure they will take care of that loophole... the fact is , even NJIT is an Accredited University. The Degree is not worth the paper it is printed on though.

    In any case, as long as its not an Online degree..it should be permissible.



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