Sunday, June 26, 2011

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  • waitingGC
    05-30 02:45 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.

    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?




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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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  • desighee
    02-25 07:22 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.



    ** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)




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  • saratswain
    09-15 03:53 AM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.

    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)



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  • krishmunn
    03-02 09:21 PM
    Who is the lawyer ? Our company lawyer's paralegal never replies back , forget about any communication from lawyer himself.




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  • sbmallik
    05-28 03:54 PM
    Looks like I misunderstood your situation, you will be paid from Canada but working from a remote location ... somewhere in US. This will be tricky as H-1 visa requires an US employment whereas H-4 does not permit working at all. Perhaps a lawyer can explain.



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  • titu1972
    07-23 12:56 PM
    Lincon, NE
    Delivery Date Jul 2,2007 10:25




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  • Heart
    10-08 12:51 PM
    Thanks to you all, I will update after talking to an attorney.



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  • sanan
    06-01 06:00 PM
    I will be filing for my wife hopefully by the 10th!!

    my PD july 2002 EB3




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  • waiting4gc02
    11-16 08:11 AM
    Anyone...can you suggest..?



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  • shimul99
    10-23 09:08 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer that.....my AP got rejected because the rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....

    I don't know how to react. The online doesn't have any update about that yet.




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  • krishnam70
    07-17 05:58 PM
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think we are looking at severe backlogs (sic) once 485 is filed, so your friend can happily marry(quickly) and file I485 and bring her here too. Its probably going to take a long time to reach the current status anyway after this bulletin. But I suggest marry in his current status - H1 , then she can come in as H4 and file for 485 along with him

    cheers



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  • priderock
    09-01 05:51 PM
    Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print

    No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.




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  • glus
    01-02 10:05 AM
    Hi All,

    Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
    (RFE due date Mar10)
    Here are my doubts:
    1. can i go to india & comeback with AP in hand
    2. Do i need to wait for my i-140 approval
    3. my question is what if my i -140 rejects ??


    Appreciate your feedback..

    Thanks!!!!!

    I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.



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  • DDash
    08-06 04:36 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    Ceter: TSC
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006




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  • magician7989
    09-05 04:49 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.



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  • priderock
    06-15 12:49 PM
    How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)




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  • pappu
    07-16 10:12 PM
    In that case you will have to file I970 (I485+I485) :)

    Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.




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  • GCaspirations
    09-21 10:39 PM
    My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
    I would like to know if anybody of you have received finger print notice. I have not received it yet.




    pointlesswait
    09-17 11:49 AM
    if you can find such a company...nothing like it!

    but how many have such flexible policies..;-)


    pointlesswait,

    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.




    txh1b
    09-14 03:43 PM
    Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.

    Good Luck!



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