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Saturday, June 25, 2011

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  • clif
    05-13 12:07 AM
    How many photos should be sent along with the supporting documents? I have concurrently e-filed I765 and I131 renewals.





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  • saimrathi
    07-10 09:00 PM
    Fingers crossed :D





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  • sbabunle
    01-26 06:45 PM
    Anirudh
    Its sad situation, people are walking away or feeling bad becaus
    of IVs decision about I485 filing. Couple of core members already
    file 485 and still they support it. Even I filed my I485 2 years ago.

    There are 2 things here.

    1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.

    2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
    it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.

    So I request you to work actively, induct more members, contribute
    more money to our cause. We will win soon man!!!!!






    I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.





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  • ArkBird
    08-17 06:42 PM
    Oh well... No one ever said life is fair! :)

    The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

    As per INA/USCIS, many of the following won't qualify for EB2:

    CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)



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  • meridiani.planum
    04-17 01:21 AM
    Is your i140 approved please?

    yes. see post #5 I alreayd mentioned it.





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  • augustus
    10-03 11:22 AM
    Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!

    Am I stuck in Name check already?? How do you know this?????

    I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?

    PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY



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  • desi3933
    07-12 04:30 PM
    Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....

    Incorrect


    He is in legal status untill his H1 petition is pending.
    If it H1 extension with the same employer, he can continue to work for upto 240 calendar days.


    __________________
    Not a legal advice.





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  • dineshksharma
    07-13 09:15 PM
    [QUOTE=harrydr;487979]I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some h
    IQUOTE]

    I will advice you to try to get H1 rather than get J1. No doubt J1 is easier to get but on long term basis, it is much harder to convert and takes more time and money. I have gone through this.



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  • Michael chertoff
    10-04 10:40 AM
    Recieved EAD card and approved AP documents last month, still waiting for approval notices for both... is it normal or a problem.





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  • hydboy77
    06-04 12:44 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    I recived my I485 approval on May 30th after 10 years coming into this country.
    I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.

    So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.

    My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.

    I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.

    I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.



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  • kishore.salla
    01-04 02:56 PM
    Mine is also same case... I got my FP notice for Jan 9 2008.





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  • apahilaj
    05-10 11:14 AM
    Guys,

    I live in NJ and I had sent my EAD renewal package to the following address via USPS certified mail:


    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041


    When I tracked my receipt today (for both mine and my wife's package), I got the following status:



    Status: Notice Left

    We attempted to deliver your item at 1:47 PM on May 9, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    Can any one tell me if I have used incorrect mailing address or is this status normal? Do I need to do anything about it?

    Thanks a bunch. Your replies will be appreciated.



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  • immilaw
    09-29 08:27 AM
    All,
    I have filed 140 and 485 in July 2006, EB2 file concurrent at Nebraska service center. So far no word yet.

    I would like to know anyone get approve either 140 or 485 from Nebraska service center to get an idea the time frame on my case.

    Thanks,
    :)


    As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.





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  • ramaonline
    03-18 02:39 AM
    First of all EAD is not a status - Its just a work authorization. GC is for a future job.
    With EAD, you can work with your current gc employer, or do nothing, or do any other job.

    The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.

    At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.



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  • techbuyer77
    09-17 01:13 PM
    Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
    I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.





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  • Canadian_Dream
    10-19 01:43 PM
    I am not sure if this is that simple. There are no clear laws that state what would be the implication if:
    Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.

    I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.

    If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.




    If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
    If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.



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  • roseball
    08-19 09:06 AM
    Thank you all for your suggestions and they are helpful.

    I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.

    Thank you again.

    If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.





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  • senk1s
    06-18 01:27 AM
    Besides not signing this so called contract

    If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.

    Non solicitation clause should state a time frame - but otherwise most contracts have them

    And as long as this is a new or potential employer - its a nice red flag to stay out





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  • somegchuh
    05-30 03:30 PM
    There are many possible explanations of why they are willing to make changes to accomodate the illegal immigrants.

    off course its the vote bank politics but I think psycologically nobody is intimidated by ppl who come to US and are happy to do low-skilled work. They don't work in high-skilled or unionized jobs. They are largely employed by restaurant, cab-companies etc. These are jobs citizens really don't care for.

    Whereas the job that H1 workers have... most ppl (in theory) would like to have them. It remains debatable how many native-born americans actually want to take hardcore technical jobs.





    nogc_noproblem
    05-12 01:57 PM
    No, it is wrong, as you can see from the link, this is the correct address effetive July 30, 2007.

    What I understood from my lawyer is to send the renewal documents to address at the bottom of I-485 notice. I may have understood wrong.
    Regards
    GCCovet.





    gcnirvana
    12-04 01:18 PM
    Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
    Current I-797 : From 02/24/2006 to 04-Jun-2007
    3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010

    In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?

    1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
    2. the date I went for interview till 04-Jun-2010??

    If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?

    I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(

    Thanks in advance for your responses...