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  • needhelp!
    10-09 01:41 PM
    From our meet & greet last saturday:

    GC Quiz:
    Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
    -----------------------------------------------------------------------------------------------------------------------------------------


    What are the Pros and Cons of AOS and Consular Processing?
    Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
    You have not got your green card yet. What do you think what is preventing the system to give you the green card?
    What is the importance of �Employment Letter� in AOS or consular filing stage?
    What is AC21 law?
    If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
    You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
    What are RIR and regular processing for old Labor approval system?
    Why Labor and are considered employer�s property and 485 Employee�s property?
    What is the purpose of Labor approval process as a sub stage in Green Card Process?
    Define the term Permanent Resident.
    What would be your obligations as Permanent resident?
    What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
    Explain different codes for Finger Printing process
    You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
    Same question as above but for 31 days or longer visit.
    What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
    -Apply under family category
    -Apply under employment based category
    -Apply as Investor/entrepreneur (Start a business)
    -Marry to a US citizen

    �What is the best option: To work on H1B OR to work on EAD? And why?
    �You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
    �What historical part Immigration voice has played so far for streamlining EB based immigration?
    �Which factors can jeopardize your Green Card in case of very long processing wait?
    �You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
    �What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
    �What is LIFE act? To which kind of Green Card applicants it can affect?
    �Once you get Green Card. What will you do to retain it forever?
    �What is Re-entry Permit?
    �How long you can remain as permanent resident of USA?





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  • jagran
    07-31 03:11 PM
    From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.

    The Sept bulletin will be
    EB2I - Dec 03
    EB3I - U





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  • eb3_nepa
    10-02 01:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.





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  • on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.



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  • rakesh_one
    03-19 11:44 AM
    Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.

    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.





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  • coolngood4u80
    02-07 11:13 AM
    Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.



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  • EB3_SEP04
    08-27 11:23 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.

    It'd be helpful for readers if you please update your profile with your case details.





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  • nc14
    03-10 02:00 PM
    I emailed it. Thanks for starting this campaign.



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  • forever_waiting
    03-07 12:33 PM
    I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.

    How many members does IV have in total?
    Around 30-40K

    What % out of that total has not filed 485 yet?
    Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.

    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.

    1200 seems to be a good number

    If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.


    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.





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  • godbless
    06-29 11:28 AM
    Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.



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  • indyanguy
    12-18 08:15 PM
    Gurus,

    Which is more reliable / popular, scottrade.com OR scottradeR.com ?

    scottrade.com





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  • cox
    April 4th, 2005, 10:07 PM
    Thanks for the suggestions guys, I'll try 'em out. :)



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  • Queen Josephine
    June 18th, 2005, 05:55 PM
    Boy, you really get up early! I'm still in bed when the sun's rising :p With that said, pretty much all comments have been covered already. The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) I really like the little clump of flowering weeds or whatever they are in the lower right and of course I downloaded them and played with them. The second one, I tried it as Anders suggested, cropping, and again, nudging the curves. Both benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.





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  • synergy
    12-03 10:10 PM
    If I am going to get a new H1B ,do I still need to invoke AC21?

    I am also in same boat, I was gathering information on the same and found different solutions.

    1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
    2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
    3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
    4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

    please advice on the same, good questions synergy.



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  • kun
    08-03 11:14 PM
    I am a July 2nd filer. I called up USCIS and the customer service rep said I have cleared namecheck. Not received my GC yet.

    PD Jan 05





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  • needhelp!
    10-09 05:56 PM
    for your help in the past and look forward to continue working with you.



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  • tnite
    08-15 04:45 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.


    Two of my friends got a letter from DOL to answer a questionnaire about the pay, paystub gaps and all those stuff.They work for different companies.
    DOL is cranking up the pressure





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  • gc_chahiye
    07-26 11:17 AM
    I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...





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  • panks
    04-01 10:06 PM
    Hello,
    I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
    In July'09 , I received a RFE on one of my two approved I-140.
    This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
    I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.

    In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
    the reason we referenced non approved I-140 because it had an ealier PD.
    The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.

    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.


    Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :

    Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.

    The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.

    The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
    I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.

    I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.

    My question to boarders here is :

    a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
    b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
    c) Any other innovative ideas ?

    -Thanks in advance.
    Panks





    prinive
    01-02 03:11 PM
    The way USCIS behave anything can happen any time...

    Dont loose your heart ...

    You just started the journey....

    Good Luck...

    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??





    VivekAhuja
    11-25 11:27 PM
    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.



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