Friday, June 24, 2011

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  • jonty_11
    02-19 11:27 AM
    depends if u are india or china.....u shud only do EB2.
    Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.




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  • I_need_GC
    07-24 10:51 AM
    Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

    1- Yes
    2- Yes (but the job duties have to be relatively the same)
    3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters

    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!




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  • ak_manu
    09-17 01:37 PM
    Also make sure you DO NOT FLY British Airways as you would need Transit visa with expired H1 stamping. Suggest to renew EAD. Consult your lawyer.




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  • aat0995
    01-15 10:03 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


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  • ndbhatt
    11-08 01:57 PM
    You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
    Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.




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  • aka
    05-17 07:09 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!



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  • vvpandya
    05-19 07:08 PM
    i did it myself too..pretty straightforward..they hv all info on their website..




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  • surabhi
    05-21 09:54 AM
    from one of the attorneys. Not sure if anything changed in past 18 months.

    Attorney_13
    Attorney posted December 08, 2006 03:06 PM
    --------------------------------------------------------------------------------
    If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.


    Attorney_13
    Attorney posted December 20, 2006 05:00 AM
    --------------------------------------------------------------------------------
    What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.



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  • shar533
    05-22 11:21 PM
    Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
    Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
    Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
    Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
    I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
    Please help .




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  • Nw2GC
    04-30 12:16 PM
    I was wondering if they have restarted premium processing for I-140 yet?



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  • indyanguy
    01-28 05:27 PM
    Check out Greg Siskind's blog. He has been posting information about successful immigrants on a daily basis for the last year or so..




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  • gc_relief
    04-27 02:56 PM
    Reason syill not known and waiting for the denial notice..

    Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2009..

    Does the date impact my h1 extension??



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  • nixstor
    02-09 06:09 PM
    http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html

    check it out!




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  • Simran21
    10-01 01:18 PM
    Thanks for the reply.

    For me I will select "YES" to "Are you applying for same visa class that expired in the last 12 months?" but what should I select for my daughter (she 2 yrs old)?
    In VISA renewal criteria it says "First time H4 or L2 applicants under 18 years of age." do not qualify for appointment in this renewal category?
    This statement has confused me to whether to go for "YES" or "NO"?

    thanks in advance



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  • michael_trs
    11-18 11:37 PM
    h1techSlave,

    I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....

    Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?




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  • kshitijnt
    07-18 01:03 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)



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  • jsb
    10-30 02:33 PM
    I was in the same situation until a few days ago. Those who are still waiting for this unreasonable period of time, may want to signup for Ombudsman's conference call on:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.




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  • somegchuh
    07-16 02:41 PM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D




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  • gcisadawg
    03-13 02:21 PM
    Both Graham and Schumer agree that they want to do this bipartisan. Graham wants one more Republican to support the bill. If not, he wouldn't back it. This is a known fact and even Schumer is well aware of it.

    If health care passes through reconciliation, then getting that one crucial Republican vote would become that much difficult. In other words, Immigration bill would never see the light this year.

    It tells me, although Graham is in it, he is not really in it... He wants to take the credit for bipartisanship but not the responsibility for making it happen. And that is the reason for one more Republican support.




    nonimmi
    05-30 02:52 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

    Gotta clear backlog Ma' :D




    Humhongekamyab
    06-06 02:58 PM
    Are there any specific links for complaining to these agencies?

    See the 4th message in the thread.



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