Wednesday, June 8, 2011

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  • sangeethak31
    07-15 12:16 PM
    As I am going for a H1 Visa renewal, I am not having an attorney.

    Could someone please provide me a template.

    Thanks,
    Sangeetha K




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  • a1b2c3
    07-24 11:13 PM
    wtf!




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  • immi_seeker
    07-12 10:10 PM
    Thanks for the responses. Will call uscis on monday.




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  • mambarg
    08-01 01:03 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????



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  • pathiren
    07-20 05:23 PM
    May be we should gather momentum, and ask ImmigrationVoice to start working to address the issue of past backlogs as well as future backlogs too. Moderators, please make a note of this thread and direct us on path forward. May be another flower revolution; or may be we should send pens saying "Change the immigration law and make US a beacon of freedom". This will decide the fate of millions of people in US waiting for their GC approval.

    All directions from Immigrationvoice would be appreciated.

    Thanks again for your response and keep on sending more responses.




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  • qualified_trash
    12-03 06:53 AM
    If the old 140 is revoked, according to the law, you are not allowed to get an extension based on it

    this is only true if the revocation is due to fraud. if not, the PD is yours to keep.



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  • FKFish
    01-30 10:31 PM
    hi,

    I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?

    Many Thanks.




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  • abq_gc
    09-05 04:17 PM
    I would recommend LLC, as then you have limited liability. You can actually register it using legalzoom for a price much cheaper than CPA.
    In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.



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  • dilbert_cal
    07-05 03:09 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.

    If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

    However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

    To be on the safe side, it doesnt hurt to file a new labor and port your PD.




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  • GCwaitforever
    08-16 11:21 AM
    I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.

    Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.

    I hope this clarifies everything. I am not an attorney. Use the information at your own risk.



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  • wandmaker
    02-18 07:01 PM
    Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.

    Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)

    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Kudos to desi3933!

    rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.




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  • panday
    11-21 09:44 AM
    HI everybody,
    I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.



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  • letstalklc
    10-07 10:37 AM
    Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?

    I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.

    Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.

    Thanks.

    If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)

    Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.




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  • bigboy007
    12-10 01:59 PM
    In any fashion of THese threads everyones comment :

    "which should match/similar to your GC labor"

    WHich is a very generalized statement.

    I am in this boat : Please advice me on the options:

    1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.


    2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.

    3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".

    Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?

    Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.



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  • BPforGC
    07-15 10:24 AM
    I am in Houston and if you plan to organize a rally, I am in.

    I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.

    Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.




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  • breddy2000
    04-04 03:31 PM
    Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...

    Typically, USCIS adjudicates applications on a first in first out basis, however, as explained above, since USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available, the first in first out principle does not apply to these “visa regressed” cases. USCIS is processing adjustment applications based on projections of when a visa number will become available.

    Maybe the recent RFEs and pre-adjudication cases have something to do with the remaining visa numbers of 55,000. So USICS is gearing to clear these numbers within next 4-5 months.



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  • LostInGCProcess
    08-25 11:53 AM
    Hi there,

    My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

    She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

    My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Thanks,




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  • KanME
    10-26 10:10 PM
    Are you from Mass?

    Join us for a state chapter meet on Oct 28th...Burlington Mall 3:00PM...




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  • mhtanim
    07-21 08:07 PM
    In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
    Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.

    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.




    imh1b
    02-04 03:45 PM
    How did you celebrate?
    What are your changed plans now in life?




    485Mbe4001
    01-25 04:27 PM
    :D he also wants his approval rating to cross 50%, bring world peace... State of the Union is something you should watch with a bag of popcorn or chips.
    TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US


    http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms

    This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.

    Good luck to us all.



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