Saturday, June 25, 2011

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  • h1b_tristate
    07-27 09:16 PM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?





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  • gc_peshwa
    03-07 03:19 PM
    Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK





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  • VDaminator
    06-11 12:58 PM
    I beleive this is my last volley anyway here it is hope ya like.

    http://img49.photobucket.com/albums/v150/VDaminator/serve-7.jpg





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  • shahsahil
    04-17 02:46 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..

    It is a fresh application.



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  • lostinbeta
    10-20 10:48 PM
    Censoring yourself now dan?





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  • kingkon_2000
    03-26 11:16 AM
    I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.



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  • don840
    04-03 06:06 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.





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  • lostinbeta
    10-03 12:18 PM
    I replied to that thread :)



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  • sonia_sd
    09-24 06:21 PM
    I checked the site, couldn't find this info any more, probably its got archived. Thanks for your efforts in letting the group know.

    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""





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  • jumanji4u
    04-08 09:36 AM
    Hmmm....strange good words does seems like working....its all started with good news, then it went to universities ...now to a communities...sometimes the old words seems very very true..how ever you try to make the dog's tail straight ..it doesn't work..

    Great people....you knowledge and education has come to great use..hats off..



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  • satishku_2000
    06-15 10:41 PM
    1. First USCIS has to collect tons of applications that will be filed .

    2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.

    3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.

    4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.

    5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)

    6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.

    Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...

    Good luck with everything





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  • bkam
    05-18 03:41 PM
    Good job, IV core group. Media attention is usually a sign that things are getting hot and resolution is a must.

    As other people mentioned below - love to be a member of the IV team (3,000+ smart, dedicated people, wow!)



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  • vedicman
    10-21 09:56 AM
    Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)

    Two choices God:
    1. Amen
    2. Give him some sense :)





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  • raysaikat
    05-24 04:01 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
    You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
    Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
    Yes.
    If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
    You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
    I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
    If the primary's GC application is active, then the dependent's EAD is still valid.
    Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!
    If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.



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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.





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  • Sakthisagar
    10-27 12:20 PM
    shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,

    Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..

    So along with Fox TV what help you are planning for all of our immigration problems?



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  • fullerene
    11-17 01:30 PM
    H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
    I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.





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  • wandmaker
    04-04 11:47 AM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.

    Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.





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  • walking_dude
    10-25 02:14 PM
    Full credits belong to CagedCactus who took the initiative to call the meet, chose the venue and time, brought snacks and coffee to the meet. And also to Bestin who drove all the way from Lansing to be with us.

    It was nice to touch-base with some of the DC rally veterans and share our experience. And also to discover some neighbors :)

    State chapter meets are a nice opportunity to meet people and build your network - which may prove very useful to you in the future. People who skip the meets don't know what they're missing.

    Thanks again to you and everyone that attended.

    Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.

    Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.

    It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.





    gc28262
    04-01 10:54 PM
    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.





    Anders �stberg
    June 4th, 2004, 01:32 PM
    Went back to the local lake to stir up some waves and bubbles for a reshoot for FM forums
    "Weekly Assignment #117: Blue"... what do you think?
    (I chose the second picture for the contest, calling it "Smooth sailing". :) )

    (100-400 @ 400mm, 1/640s, f/8, ISO 400)
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/BubblesFramed_5450.jpg


    (100-400 @ 400mm, 1/500s, f/8, ISO 400)
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/WA117_BubbleVer3Framed_5455.jpg



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