Sunday, June 12, 2011

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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • cris
    08-30 12:22 PM
    outstanding answer , gg_ny ! Thank you very much





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  • trueguy
    12-12 06:11 PM
    DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).

    :)
    I work for Federal agency as contractor I know very well how things work during the holiday season.

    Happy long long holiday's you all.



    All this fuss is for Jan'08 visa bulletin. What Holidays you are talking about in Jan'08?





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  • JunRN
    05-16 02:55 PM
    My friend is in the I-140 stage of green card processing
    She needs to choose between Counselor Processing or I485

    Which one is better Counselor Processing or I485 ?

    Your feedback is greatly appreciated

    It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.



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  • vivache
    09-26 05:14 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question .
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)





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  • singhsa3
    11-15 10:47 AM
    What a shame and Ignorant people we are trying to motivate...



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  • Current Project: Michigan



  • immi_grant
    06-25 06:47 AM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!





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  • Maverick_2008
    07-20 04:23 AM
    Stayed in the US for a dozen years, got my masters, worked at a Fortune 10 company for several years, finished my 40 social security credits, always thought about coming back home (India), did actually come back to India 1.5+ years ago, left all uncertainties about the US immigration process behind, accepted a good job (big fish, not-so-small pond in my hometown) and accepted India as it is.

    So, for those who have been waiting patiently for their papers and want to settle in the US, all the very best.

    For those, who want to come back to India to their friends and family, India *is* still !ncredible.

    Maverick_08



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  • augustus
    04-22 10:31 AM
    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.





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  • monikainusa
    03-22 09:46 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..



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  • Mik3
    06-14 09:55 PM
    I really don't get this anime thing... I don't find drawings attractive...





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  • kaisersose
    05-29 07:39 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    No one really knows. That means there is a 50% chance she may be right.

    However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.

    Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

    Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.



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  • madhu345
    03-14 07:09 AM
    From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.

    -Madhu
    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.





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  • vedicman
    10-20 11:16 AM
    what else can be expected of him??

    guess he just spews his venom without listening or reading the responses he gets for his callouts...



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  • roseball
    04-02 12:53 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.





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  • chanduv23
    09-16 03:01 PM
    Well...This is called "Heights" or "Crossing the limits". Now come on...a friend who has helped u a lot in the past, but cannot(or will not) make it to DC for whatever reasons, u r gonna cut ur relationship with him??? Either u r mean or u dont respect ur friend's decision. Different ppl have different perspectives and one shud respect that rather than cutting off valuable relationships by being narrow minded and expect others to follow what he/she is doing. Else they'll be loners all their lives.

    These people are lazy, selfish cowards - they don't have guts to come forward and tell me "Hey, I just cannot come but I am supportive of the cause"

    Yes - I know who helped and who did not - those who helped me in the past are supportive

    So thanks for your advice - I know what I am doing here - and see you at the rally



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  • Dhundhun
    01-18 11:28 AM
    Canadian Green Card helps you stay in USA Legally
    You do not need to move to Canada
    Ria

    FALSE STATEMENT - law was changed couple of years ago.





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  • mvijay85
    08-04 07:58 AM
    Hi,

    I am eager to know what happened to your brother's visa?

    It will help me a lot!

    Thanks,
    Vijay





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  • lord_labaku
    11-17 12:04 PM
    Yes. layoffs and labor certs dont mix well. esp. if an american or GC holder worker with the same position as u is laid off.

    It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.





    anandrajesh
    08-15 01:46 PM
    Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


    NO FIFO whatsoever.

    They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.

    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.





    pd_recapturing
    03-07 08:46 PM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?



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