Wednesday, June 8, 2011

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  • nareshg
    10-05 01:11 AM
    Hi,
    what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online

    Thanks.

    When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..

    I have to ask them again as to what is happening, have not heard back from them....

    my current status as of 10/4/2007 says...

    Current Status: We mailed you a notice requesting additional evidence.

    On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

    Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....




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  • roseball
    02-28 04:33 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)




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  • wellwishergc
    06-13 03:33 PM
    I agree with Raydhan!!

    Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.

    Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!

    camberiu,
    Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.

    Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.

    You better log off and watch Brazil-Croatia in 10 minutes.




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  • fortune50
    07-17 10:52 PM
    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

    what does this mean ? did I file to wrong Service Center?:(



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  • santb1975
    04-25 12:00 PM
    I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
    the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
    the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
    the office having jurisdiction over the pending Form I-485 that the new offer of employment is
    in the same or similar occupational classification as the offer of employment for which the
    petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
    alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
    officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
    103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
    to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
    employment in the same or similar occupation, the BCIS may consider the approved Form I-140
    to remain valid with respect to the new offer of employment and may continue regular
    processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
    not established that the new offer of employment is in the same or similar occupation, the
    adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
    to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
    the Form I-485.hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex




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  • GCAmigo
    12-08 08:18 AM
    everything is behind closed doors.. just wait for the updates form the core team..



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  • kpchal2
    03-03 12:26 PM
    hi chanduv
    i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
    thanks




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  • Alabaman
    07-14 08:26 AM
    Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.



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  • kabeer_g
    01-12 12:13 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks




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  • pcs
    11-15 12:28 PM
    You should try for emergency appointment & should be able to get it based on approved 797.

    By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??

    Thanks



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  • imneedy
    02-04 01:33 PM
    There is no need to change to H4. asaik , that is an extra un-necessary step.
    AP should be enough.

    Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.




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  • crystal
    03-06 02:31 PM
    No they wont send receipt notices for correction. They would send receipt only for filings for which you paid fee and new applications

    do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?

    i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass



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  • eb3_nepa
    04-13 11:01 AM
    Can ammendments be made to the bill in the 180 day waiting period? It was mentioned here before that ammendments can be made during that period.




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  • navyug
    05-14 10:59 PM
    Hi,

    Received REF this week: for LCA vioation for a particular period.
    I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
    My employer missed filling LCA FOR 2006.

    Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

    You are faking!!!

    Here are the reasons...

    1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

    2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

    3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

    4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

    So Stop faking!!!



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  • apahilaj
    07-19 07:41 AM
    Hi Dazed, thanks for your response. I checked the filing instructions on 485 form and it does not mention I 134 form any where. I did not file this form since my lawyer never asked me to do so.

    Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?

    Thanks again.




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  • BharatPremi
    09-24 11:35 AM
    Man why you need reciepts?

    First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.



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  • ujjvalkoul
    01-18 12:29 PM
    No
    only the primary applicant needs to take the test
    It is not clearly spelled out on cic.gc.ca.(or at least I couldnt find it)...so I was confused..

    Even if the Spouse is included in the application and may work in canada...even then spouse does not have to appear for test....??

    Can you point me to the website for confirmation of this??




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  • asdqwe2k
    04-19 10:02 AM
    Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.

    All the desi consulting companies do that, so that their employees can work anywhere in USA...




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  • surabhi
    04-08 05:24 AM
    This is serious and could affect quite a few.

    Summary: you could be affected if ALL of the folllowing is true

    1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
    2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
    3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

    Remember you are affected even though you are the original beneficiary.

    How did this case happen?

    This happend because USCIS not following LIFO processing

    1. The original applicat applied labor in April 2001
    2. Labor approved in Jan 2002
    3. Original applicant applied I-140 in April 2002
    4. i-140 approved in July 2002
    5. Original applicant applies for I-485 in Dec 2002

    In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

    Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

    The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

    So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

    Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

    I feel for the original applicant. She played by rules all along, but got screwed anyway

    Now you can see the chances of your case being caught in similar circumstrances

    1. You are EB3, India/China with PD around 2002/2003
    2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
    3. You left your original employer before July 2007
    4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
    5. that other person also filed for I-1485
    6. Now its a timebomb waiting to explode




    abe1
    12-27 12:07 AM
    Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )

    According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.

    The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .

    Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?




    villamonte6100
    10-05 10:47 AM
    hi, Do you know: How recent, which nationality, when was his/her aos filed

    My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.



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  • yabadaba
    06-25 02:32 PM
    ask the lawyer what he was thinking




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  • ck_b2001
    07-17 07:05 PM
    You need to be in US untill you recieve "Reciept of Notice". For those who filed Jul 2nd may be a special case as untill today it was thought to be rejected. In this situation i dont know how that rule will apply. On your return you have to show the 485 reciept notice along with your valid H1/H4 Visa (if Travel document is pending) to enter to US. It may mess up the database at POE if you do not mention pending 485.
    I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
    My wife was planning on travelling next week and she has to cancell her trip to be safe.




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  • webm
    04-21 02:39 PM
    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards

    Normally there should be a LUD on 485 after FP is done (same day/next)..




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  • Maverick1
    05-14 01:53 PM
    Point taken.

    I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.

    But, point taken.

    Mocking me so much shows you in bad taste, my friends.
    This is the last thing you will see me posting here.

    And it is a "her".

    New_phd , Just take it easy.


    Hope you continue to visit this. :) :)



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  • guyfromsg
    07-19 05:41 PM
    Thanks for ur reply..anyone else has any input on this??

    From Greg's blog

    >>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<

    You should be fine. You have your choice up until month's end.




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  • kingkon_2000
    04-16 09:56 AM
    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)


    Congratulations to you and family... seems like things are moving forward for us... Really happy for you...



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  • shana04
    07-16 06:38 PM
    I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.

    My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.



    Can you provide more details on the RFE ?
    RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
    Attorney answered this question




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  • santb1975
    02-14 03:37 PM
    Thanks for sending the letters out. We hope to see you at our next event

    I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.

    Just FYI.. I did send the letters last week.

    Thanks,
    Abhay



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  • jhaalaa
    11-11 10:56 AM
    I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.

    Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:

    Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)

    The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.




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  • Jeff Wheeler
    11-27 04:36 AM
    Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.

    AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.


    btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?

    ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.

    I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.



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  • dbevis
    October 27th, 2003, 07:41 AM
    Some shots from yeasterday at and around the Delaware Water Gap:

    http://www.pbase.com/image/22684252



    I really like that waterfall shot.




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  • Alabaman
    08-24 09:48 PM
    Start being creative first.. dont just copy some captions and come up...

    If I were you, I would read the "captions" before responding.:mad:



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  • hiralal
    09-16 10:49 PM
    done ..I would urge all to do the same !!




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  • sekasi
    11-30 02:16 AM
    I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

    and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P



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  • srikondoji
    01-25 04:05 PM
    http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms

    This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.

    Good luck to us all.




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  • acecupid
    06-25 11:29 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

    Elaine,

    Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.



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  • abhijitp
    01-24 07:46 PM
    ^^




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  • nik.patelc
    01-11 02:30 PM
    I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.


    PD : EB2 I - OCT 2004
    I140 approved, I 485 pending > 180 days. On EAD
    50 Dollars monthy contribution to IV.




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  • Connecticut Blank Outline


  • Quest99
    09-14 03:54 PM
    You started working for Company B before or after the H1 transfer receipt notice ?
    is LCA for H1 filed after you joined company B - is it legal ?
    Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
    Sorry I should have been more clear.

    I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.

    I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.

    I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.




    Lill
    03-02 03:59 AM
    oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)




    Ann Ruben
    05-13 11:56 AM
    The US branch of your employer should consider filing an H-1B for you. The quota has not yet been used up for this fiscal year, and if it is approved, you would have the certainty that you could begin work in the US on October 1, 2009.

    It is very possible that the appeal would not be decided before Oct. 1st, and the odds of the AAO reversing the denial are generally not good.

    You might also want to consider whether you might be elligible for L-1A status.



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  • marlon2006
    06-13 03:22 PM
    Hey Renata,
    It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.

    Since my wife couldn't work, we had a baby back then.

    Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)


    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?




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  • solaris27
    10-02 11:16 AM
    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.




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  • GCD
    07-27 10:07 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.

    Gurus. Please reply. Thanks a lot.




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  • zCool
    04-03 03:35 PM
    See below for answers:

    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?

    -- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
    Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    -- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
    Thanks a lot!

    BTW, as queries go.. this one wasn't complicated :) Relax!



    more...

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  • Kevin Sadler
    June 6th, 2005, 05:00 AM
    It's hard to tell in this particular photo but it looks like the majority of the frame is either shadow or dark green. The metering systems in these cameras tries to make everything "gray", or make really dark things lighter, or really light things darker. It works most of the time where there is a good mix of tones. However in this case since the majority of the frame is dark it may be trying to bring it up and as a result blow out some of the flower petals that are on the edge of the bright side.

    You can check the meter on your camera very easily by doing a poor man's spot meter.
    1. Get close enough to the yellow plant so that the flower fills the entire frame in your viewfinder. Press the shutter halfway down and note the meter reading. If your lens won't focus that close don't worry about it, you just need the aperture and shutter speed numbers.

    2. Check your manual to find out how to use Exposure Lock. At this point, lock the exposure, move back, compose the image the way you want, and take the picture with the metering from #1. If everything is working, your flowers should be exposed correctly but all of those shadows in the back will probably be black with no detail.

    I found a photo from cox on this forum that has a similar light condition. This guy is a master at it. http://www.dphoto.us/forumphotos/showphoto.php/photo/25275/cat/887

    Let us know how it works out!

    Good Luck, Kevin




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  • NikNikon
    May 23rd, 2005, 08:43 PM
    Gary, I'm just thinking of mine which is a circular polarizer. You rotate the polarizer to achieve the desired amount of polarization. So I can rotate it one way and either darken or lighten the sky. All but your last pic looked as if it was darker on the right side which lead me to the assumption it was a circular type. There's a linear type too which I have never used so I'm not sure how it works, but I imagine it doesn't rotate (anyone?).



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  • eb3India
    04-13 11:00 AM
    Also, one should know we are not getting help from our group, I know many guys who are effected by GCs in my office in my neighbourhood, I can't even get them to make one call to senator office,

    how do you expect some other organization to help us, when we can't help ourselves




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  • ajju
    10-13 05:57 PM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?

    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Gov: Show me the money?
    USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
    Gov: why are you not moving dates and making more money?
    USCIS: Okay we'll issue 2year EAD and accept more new apps...
    and so on...



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  • smuggymba
    03-09 02:36 PM
    I guess u need to have an approved labor in EB2 to even think about it. You can't port because you dont have an approved EB2 labor.

    which moron gave a red for this post? What is wrong abt this post?




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  • Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.



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  • asphaltcowboy
    05-27 10:31 AM
    it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website

    ;)




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  • GCDream
    02-20 08:12 PM
    Here is what I have after analyzing the FLC Data Center MDB files

    >2001 May 8 = 504 Certified Labors
    2002 = 79784 Certified Labors
    2003 = 62912 Certified Labors
    2004 = 43582 Certified Labors

    Total: 186782 Certified Labors
    The above data is for world

    Let's say India is 25% of world and 75% of India is in EB3

    This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004

    Since the country of the alien is available for Perm, let's use it for 2005 and 2006

    2005 India = 1350
    2006 India = 22298

    Total for India in 2005 and 2006 = 23648

    Pending in BEC: 111000
    Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812

    Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
    Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586

    Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889

    Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802

    Without any Law:
    139889/2802 = 50 Years

    Assuming CIR passes with
    1. Dependents not counted
    2. EB visas increased from 140,000 to 650,000
    3. Per country quota raised to 10%
    4. Exempts advanced degree holders

    Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590

    Total for India in all years till Dec 2006 without dependents: 63586

    Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717

    Total for India in all years till Dec 2006 without dependents and advanced degree holders

    = 63586 - 12717 = 50869

    For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years

    Conclusion

    Without Law: 50 Years :confused:
    With Law: 2.7 Years :D



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  • kpchal2
    03-03 11:55 AM
    chanduv
    thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
    thanks a lot in advance.




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  • dilbert_cal
    04-15 12:04 PM
    If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.

    Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.

    ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.



    more...

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  • Hines+ward+girlfriend


  • Mahatma
    08-15 09:56 AM
    Welcome VDL Rao and continue to bless us through your wisdom.

    Sorry if somebody offended you knowingly or unknowingly.

    The best parameter of your recognition is: so many people wait to hear your words.

    Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.

    I am pledging to double my recurring contribution for next 3 years.

    Regards.




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  • Eternal_Hope
    02-27 02:49 PM
    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?



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  • chem2
    07-21 01:23 PM
    i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
    -----------

    guys, until yesterday, i was in the same boat as all of you.
    i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
    asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).

    finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
    then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.




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  • mugwump
    11-30 12:24 PM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.




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  • makemygc
    06-22 11:18 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

    My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.




    brb2
    11-08 06:31 PM
    remember the bulk of the pending AOS are from retrogressed countries. So even those from ROW who have not yet filed (and may do so next few years) need to be added to the "pending AOS" in order to obtain the 'real' que size of pending AOS applications.




    lazycis
    12-10 03:08 PM
    To keep your AOS all you need is to make sure your new job has the same or similar occupational code. H1b transfer does not matter.