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  • glus
    03-19 11:55 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

    Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.





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  • zeta7
    03-23 04:38 PM
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.

    Ok, this might seem like a really basic question considering most of you guys are at the guru level regarding these matters, but does your I-140 need to be approved before you can use your EAD? More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..





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  • sundarpn
    08-01 11:44 PM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)





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  • Radhika
    07-01 02:56 PM
    I am also ready to join in the lawsuit.
    I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow



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  • samcam
    05-18 04:35 PM
    Currently 99 guests.. if you are a guest, please register...





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  • ash0210
    11-18 03:52 PM
    logiclife, thats the "trap" (& excuse) I am trying to break by providing some solution in my earlier mail...

    Is "immigration" process a "Rocket" science?

    When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?

    Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...

    What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!

    Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?

    Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..

    Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!


    The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.

    USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.

    So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.

    As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.



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  • chanduv23
    07-05 04:25 PM
    This has been discussed, we can't help.

    It takes time for people to come on same page.

    Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.

    One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...

    It is a matter of time before we get organized. IV core is working hard on various aspects.

    Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.





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  • HumHongeKamiyab
    03-16 12:05 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?



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  • nosightofgc
    02-08 02:05 PM
    I completely agree with you. A lot of people complain thatcomapnies hire H1B employees because they are cheap. But I know that I am the highest paid in my group (and I am the only foriegn person in the group. Further when we had head count in the last year for three positions, we could not get enough resumes or hire any one due to lack of candidates with the required skills. At then end we lost the head count. And we have restrictions in our companyto hire any H1B.


    I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!

    This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.





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  • lonedesi
    07-14 08:38 AM
    Very interesting facts about last year's GC allocation for EB category. Here is the top 15 countries that used up last years GC under this category. Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    Philippines 23,733
    India 17,169
    Korea 10,886
    China, People's Republic 9,484
    Mexico 8,864
    United Kingdom 6,409
    Canada 6,382
    Brazil 5,553
    Ecuador 3,990
    Poland 3,710
    Colombia 3,242
    Pakistan 3,136
    Venezuela 2,308
    Peru 2,305
    Germany 2,197

    For people curious about the family based allocation, following is the top 15 countries that used up last years GC's

    Mexico 62,998
    Dominican Republic 17,563
    China, People's Republic 16,573
    Philippines 16,020
    India 14,525
    Vietnam 12,781
    Jamaica 6,218
    El Salvador 6,003
    Guyana 4,954
    Colombia 3,828
    Pakistan 3,777
    Haiti 3,624
    Bangladesh 3,384
    Ecuador 3,095
    Poland 3,051

    These & more interesting information can be found in the spread sheet posted by DHS on their website
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls



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  • sparky63
    February 2nd, 2005, 08:42 PM
    Solitary 2 would have been a very strong shot if you'd been able to do two things:

    Include the hole and fishing line going down into it.
    Captured more of that facial expression.
    Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
    You're absolutely right. I actually DID get a shot like that, but unfortunately I screwed up and clipped off more than half of his boots when framing it. Photoshop can't (easily) fix that.;)





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  • ivar
    09-09 12:16 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?



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  • vallabhu
    06-15 09:06 AM
    Hi Guys lets count number of people getting temporary benefit of filing 485 at this time, after we get our our EAD's how much are we ready to spend for lobbying to get our GC's soon.

    How much are you going to contribute to IV.





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  • painful_GC
    03-09 02:39 PM
    Hello everyone,

    Here is my status..someone please clarify as my immigration attorney has different answers each time

    1) I am on H1B status and recently transfered to a new H1B Employer and i got query last week.
    2) My Husband is holding a L1B Visa and its valid till Nov 2011.
    3) Can i apply for L2 now(without COS) while waiting for H1B Approval?? This will allow me to change to L2 if something happens to H1.
    4) If i have my H1B approval i wish to stay and work on H1B.if not i will be moving to L2(leave the country and comeback ??)

    Please post your prompt answers.

    Thanks



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  • johnggberg
    08-10 12:00 PM
    go to http://www.uscis.gov/ and click on Press Room top right hand corner, but its not realsed yet





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  • Michael chertoff
    05-14 12:21 PM
    You are asking best of best in the area which has US most richest counties and for $300K.
    Its hard but housing market slowdown may work in your favor. Very good move, good luck.

    Bahot theek Bhaiyaa..



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  • Hewa
    09-21 10:26 PM
    Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.

    TIA

    I485, EAD applications delivered on 7/23/2007 to NSC.

    Transfer Notice says I485 transfered to TSC from CSC
    Transfer Notice has receipt date Sept. 14
    Transfer Notice has notice date Sept. 17
    Transfer Notice receipt starts with WAC

    No other receipt for I485 or EAD.

    I140 Approved Nov. 14 2006 NSC
    EB3 ROW





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  • kondur_007
    08-03 02:17 PM
    Great idea. edited the signature.





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  • greencard_fever
    08-19 05:49 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi

    I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.

    Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.





    imind
    03-12 03:54 PM
    JUST REQUEST ONLY:

    People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
    Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.

    Thanks for understanding.





    cygent
    06-02 06:14 PM
    pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
    Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

    Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month



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