Tuesday, June 14, 2011

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  • gc4me
    02-09 10:17 AM
    You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!

    Do this fast:

    01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.

    02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))

    03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!

    04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).

    05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.


    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





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  • Kalidindi
    07-30 12:46 PM
    I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,





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  • senthil1
    07-26 10:04 AM
    I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
    to F1 here.
    If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

    Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!





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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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  • agpg
    08-08 01:15 PM
    Just had an infopass appointment.

    Me: Can you tell us the status of our 485s?
    I/O: Name checks are pending for both
    Me: Do you know when they were started?
    I/O: At the time your application was submitted (duh!)
    Me: Would our applications still be processed?
    I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
    Me: Are they assigned to an officer?
    I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
    Me: When do our fingerprints expire?
    I/O: blank

    I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.

    Which area's infopass center is this? Was the officer friendly?





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  • mjdup
    05-31 09:46 AM
    Messed up my pay pal account, fixed it and contributed, back to recurring contribution...please contribute folks !



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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)





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  • InTheMoment
    08-12 12:05 AM
    Why open an altogether new thread for this question? You could have posted in any of the receipt related threads!

    Anyone who has receipts could have answered your question there to such a simple question

    All,

    I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!

    Can some one please clarify this doubt?

    I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.

    Thanks
    Raj

    ------------------------------
    One time contribution $100



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  • ghost
    12-10 02:31 PM
    Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!

    Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.

    Keep dreaming. DREAM act ain't going anywhere.

    Oye chuck they fatte.

    If DREAM act does not pass then we will not go anywhere for the next 2 years....and how do you intend to prove that you were brought into this country illegally before you turned 16? I guess you'll have to forge your high-school degree? voila...go for it!





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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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  • VivekAhuja
    02-20 03:45 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.





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  • hebron
    06-14 02:22 PM
    Hello All,
    My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).

    I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."

    My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?

    Thanks.



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  • rb_248
    07-23 08:55 AM
    Friends-
    One of my coleagues just got another FP notice yesterday. Did any July 2007 filers got second FP notice this year ? Does it mean that things are moving ?Please share your views.

    Admin-
    Please delete this thread if it generates a lot of negative responses.

    Thanks





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  • eilsoe
    10-22 04:24 PM
    *wrooommm!!*

    :P:P:P:P:P

    *post*post*post*post*post*post*post*post*post*post *

    Huh? Who goes there?



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  • unitednations
    02-28 11:41 AM
    hey unitednations:
    She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
    I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
    The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
    Leslie


    Danger for you is when she goes for the f-1 they also cancel the visitors visa.

    Some people try to get spouse on h-1b and then wait for primary to get citizenship and then file greencard that way.

    Others; are willing to let spouse come to usa on business/visitors visa and then overstay and not go back home until primary gets citizenship and sponsorship through this route.

    There isn't a whole lot of attractive avenues for greencard holders trying to bring in non immigrant spouse.





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  • tikka
    05-29 08:17 PM
    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

    Hi kaisersose
    can you please take a few mins and send web faxes?
    for tonight we are trying to reach a goal of 2750 faxes......

    your efforts will be highly appreciated

    thank you



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  • monikainusa
    03-22 09:14 AM
    senior members please advise..I am like helpless and really scared..





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  • snathan
    04-01 10:50 PM
    And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.

    you dont have to marry. just remain as illegal and they will GC sooner.





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  • hsingh82
    03-12 09:50 PM
    Congrats!! I can just feel your excitement in the title!





    jonty_11
    08-15 12:47 PM
    Thre is a lot of hurt on these forums related to substituted labor..so help will be slow to come.





    Abhishika
    12-18 07:24 AM
    Hi All,

    I am also in similar situation. My labor says title as "Programmer Analyst"
    and I have an offer as a Database Administrator.

    If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see

    a) 15-1051.00 Computer Systems Analysts
    Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist



    b) 15-1021.00 Computer Programmers
    Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer



    And when I search for the database administrator, it gives

    15-1061.00 Database Administrators
    Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager


    So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.

    Appreciate ur inputs
    Abhi



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