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  • Saralayar
    01-30 01:16 PM
    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.

    How do you know the person who asked this question is Man or Woman?.
    You replied: Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your ......:confused:





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  • hellomms
    02-12 11:34 AM
    Should have asked this question a year ago. Sorry, not rubbing it in but if you had applied last year you probably would have had your PErm approved and possibly 140.

    Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485





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  • Edison99
    09-14 07:28 AM
    Thanks for the quote!
    Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)





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  • optimystic
    11-04 07:32 PM
    From 1998 - till date, How many times EB3 priority dates were made current

    Since nobody attempted to answer your question, let me give a try.

    The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.

    But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.



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  • FinalGC
    07-20 12:47 PM
    In Michigan if you want to get in-state fees, then one has to be GC holder. My wife has put her studies at bay until GC comes. Trying to focus on our 2 children in the meantime.....with the hope that at least they will do well in the future......

    I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.





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  • funny
    09-16 12:22 PM
    It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...



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  • wantMyGC
    09-12 08:22 PM
    Hello Attorney,

    My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
    2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

    Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

    Can you please help me by answering following questions.

    1) What are the precautions I should take to protect my green card?

    2) Can I leave the present company and start my business by forming an LLC?

    3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

    4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

    5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

    6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

    Thanks for your help in advance





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  • ponnuswamyp
    06-30 07:31 PM
    1) did it myself..
    2) yep i changed address, no rfes for anything..

    Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?



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  • liberty
    10-25 09:23 PM
    Are the kids allowed in the office?





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  • eb3_nepa
    01-25 03:53 PM
    Hi,

    I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.

    The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.

    I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.



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  • rsayed
    04-20 05:54 PM
    04/20/2007: Immigration Reform Growingly Picks Up Heat

    Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.

    http://www.immigration-law.com/

    It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.

    If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.

    I just read the following update on www.immigration-law.com -

    04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007

    Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.

    The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.





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  • yingli
    08-23 10:59 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL



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  • glus
    09-28 07:31 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!
    The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
    The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
    Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
    You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.





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  • Charles H. Kuck
    12-16 02:16 PM
    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles



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  • sam_hoosier
    11-15 03:33 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.

    As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.





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  • Ann Ruben
    02-07 09:23 AM
    Horscrop,

    Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.

    Ann

    PS-Am enjoying all the snow---so beautiful and peaceful.



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  • uma001
    11-05 11:48 AM
    For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.

    Thanks Kumar





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  • lagsam
    12-17 05:08 PM
    In my case.

    What is the maiden name of my mother.

    What did I do in UK?

    Where did I go in UK?

    Did you travel anywhere apart from UK?

    These are just questions to find out if there are red flags in your answers.





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  • beibei2929
    05-15 01:20 PM
    Hi, Guys:

    My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.





    upuaut
    08-16 06:58 AM
    I wouldn't export it from photoshop at all.
    Are you sure the tutorial called for you to export from photoshop? Can you provide a link to the tut?

    I would:
    Save for web as a png or a jpg, depending upon which looks better. Then choose "import" in Flash to import the object. I'm not 100% sure, but I think that you can directly import photoshop files into Flash as well. This could be useful if you have a many layered photoshop file which contains things like imported illustrator elements and such. I believe that the import keeps all the layers in place, as grouped object.





    franklin
    07-05 11:04 AM
    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year



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