Monday, 27 June 2011

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  • onemorecame
    03-26 01:09 PM
    I Wish "C" for all category

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  • kittu1991
    03-18 04:54 PM
    She can apply for EAD now and once she gets it she can apply for SSN.

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  • vgayalu
    01-24 11:33 AM
    Please do not raise old hot topics.
    The confusion created is enough. Do not confuse more and more.
    Let IV work on one issue which ever is under consideration.

    We need not to scare any body by mentioning H4 and nonsense.

    Let everybody get some drink first. Then everyone wait for solid stuff.

    [QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.

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  • saimrathi
    08-10 03:30 PM

    And please post in the media thread...


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  • fromnaija
    02-02 09:40 PM
    So as not to burst anyone's bubble, try it and see.
    By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.

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  • Hassan11
    03-26 11:34 AM
    Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.

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


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  • sachisdis
    02-23 07:48 PM
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!

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  • saarejahanseaccha
    07-29 04:19 PM
    ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.

    Yes, spouse can be added within 180 days of the the primary applicant's 485 was approval, if marriage happened before primary applicants 485 approval.


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  • a_yaja
    03-15 12:07 PM
    This topic seems to be gray for H1B holders. What is allowed and what is not.

    * What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".

    Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.

    All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?

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  • legalguy
    03-02 10:50 AM
    How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.



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  • amoljak
    05-03 07:32 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)

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  • eilsoe
    10-03 01:41 PM
    Yes... someone should start a SPAM thread...

    to let off some agressions that is...

    ahh what the h*ll.. we answered his question in the beginning...


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  • hebron
    06-14 03:09 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (

    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?

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

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

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

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

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

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

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

    Good luck with everything


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  • Rb_newsletter
    07-15 10:29 PM
    One time IO entered my visa type wrongly. Instead of L1-b he wrote H1-b on the I-94. I pointed out his mistake saying "My visa is L1-b. Shouldn't that be L1-b on I-94". He asked me "what visa are you in?". I repeated L1-b. He was angry and said in a raised voice "You should know what visa are you in. You should know". First place he didn't ask me what visa I was in and he made the mistake and jumped on me.

    Baseline is IO can make mistakes but we are the one to be affected by that. So make sure your visa type, EAC #, and all other info on I-94 are correct before leaving the counter at POE.

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  • tempgc
    09-24 01:27 PM
    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.


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  • chrisa
    November 16th, 2007, 12:26 AM
    Arctic Butterfly works great. I picked one up in Toronto at Henry's after shooting some photos of the CN Tower. Noticed I had a few spots and sure enough they were on the high pass filter. I did attempt to blow the particles off but they were not budging. I decided to deploy the butterfly and it worked just fine. After two passes the dust was gone. I didn't find it a difficult or stressful task and never felt as if I was "at risk" of damaging my camera. My two cents.

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  • rajuseattle
    08-04 01:23 PM
    Sorry to hear about your friend's situation.

    From your answers it looks like she is on H-4 which is dependent spouse for H1B.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.

    Once she finds new employer she can start her GC process.

    If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.

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  • makemygc
    08-16 09:46 AM
    US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..

    On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...

    All of our family were take care of AP date format...

    This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.

    06-02 05:26 PM
    did you send web faxes and contribute to IV, if not please do

    07-27 02:01 PM
    What if one decides to go back to school to get another degree when on EAD, is this possible?

    The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

    Any insight in this regard will be very much appreciated.

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