Monday, September 5, 2011

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  • needhelp!
    11-15 11:15 AM
    Go IV





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  • milind70
    11-06 11:29 PM
    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

    Thanks!
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.





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  • Rajkrish9
    10-30 11:07 PM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

    OR

    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..

    Thanks,
    Raj.





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  • Canadianindian
    07-22 01:38 PM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?



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  • peacocklover
    07-10 03:20 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?

    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj

    It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.

    Thanks in advance.





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  • dassumi
    10-07 12:00 PM
    I would put him in the same pedestal as Senators that are Anti Gay - but are caught engaging with men in Airport Rest rooms OR are caught in the Airport with a male escort hired from rentaboy.com.

    He also talks about Middle class and people having forgotten them, dude has a winter home with 6 horses worth million dollars each. Pity the people that listened and thought that he is one of us.



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  • GCard_Dream
    11-30 09:39 PM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.





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  • waitingmygc
    04-19 12:44 PM
    @waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.

    @OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!

    sledge_hammer,
    I like people like you for criticizing the post without any reason.

    If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
    I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.



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  • PavanV
    08-08 06:32 PM
    To hell with the checks and all, if you are all legit, there is absolutely no need to worry, people are ready to go back and not rot with this economy, increasing this intrusive checks will make people more averse towards H1 , which might help the local folks finds jobs, but it will adversely impact the economy of this country. I guess it has to be this way.





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  • zCool
    06-11 04:23 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT



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  • brit_gc
    05-04 12:46 PM
    I had an RFE which they received on Feb 8th, still no response after 12 weeks.
    Is there anything to do here, or just wait and twiddle my thumbs?!




    Current Status: Response to request for evidence received, and case processing has resumed.

    On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • immigration1234
    07-14 10:24 AM
    We have travelled in mid May '09 from via Frankfurt on AP and we did not have any problems.



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  • punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.


    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.





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  • neelu
    09-15 12:05 PM
    Thanks for your response, FromNaija.

    I do have an approved I-140 based on the RIR PD. I will update my first post with that info.

    I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?

    Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.

    Any thoughts/comments are appreciated.

    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.



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  • eb3_nepa
    04-03 08:10 PM
    Why is it still unaccessible? Are you guys experiencing the same?
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Works just fine for me





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  • GC08
    05-21 07:29 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy

    Yes. :)



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  • shadowbuddy
    03-15 02:14 AM
    Hi All,

    I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.

    Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.

    We have to refile. I re-wrote the checks and we are submitting the package again.

    How can we demand that our application be accepted based on the original filing date of November when we were current?

    would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!

    How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.

    thanks!





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  • viva
    12-17 10:53 PM
    test





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    06-02 08:08 AM
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    singhsa3
    08-22 10:08 PM
    They are still good but they are direct to IO desks at NSC. I did not want to start barrage of calls to them. What I can do is I can PM you the numbers. You had been a contributing member and I would happy to tell you what I know. But please exercise your judgement....

    You had some numbers there, are they not good anymore?





    Joey Foley
    November 21st, 2005, 08:03 PM
    Heck no I don't mind! By the way Steve these were taken at The Patio.
    I still wish I would of got that a little bit better in focus.

    Anyway, I'm not very good with Photoshop (I own Photoshop CS2), but I usually use Corel Paint Shop Pro X. But lately I've been using Picasa2.
    (http://picasa.google.com/index.html)
    It just seems a lot faster the way the program is set up.

    I need to learn Photoshop (badly). I just hadn't had time.

    Thanks for the help guys, it is VERY much appreciated.



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