Senin, 27 Juni 2011

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  • reddymjm
    05-01 10:01 AM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .


    Take a paid consultation with Murthy.com if you can ask for Murthy only.
    Good Luck.





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  • Desertfox
    04-06 04:39 AM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"

    Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.





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  • arihant
    04-12 05:00 PM
    I whole heartedly agree that labor substitution elimination makes sense. However, the 45 day proposal built into this rule can be disasterous. I just posted my experience with the 45 day letter from BEC in another thread.

    Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.

    If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!





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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.



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  • wandmaker
    02-18 03:25 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.

    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.





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  • rimzhim
    02-09 04:02 PM
    Please keep this thread alive ...
    sledge hammer:

    can you explain if the new labors being cleared in the BEC centers (approximately 150K are still pending) are from 2001-2003?

    In 2003, there should be a demand of 23% of 300K (couting spouses)=69K. Total visas are about 140K per annum. So there should be some movement. i dont understand why there will be no movement.



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  • seahawks
    07-02 12:07 AM
    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?

    I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
    Wait until my attorney gets back to me
    Go for the FP and probably explain to them and see if anything can be done.
    Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.





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  • gcformeornot
    08-14 02:32 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    to send separate checks so they can generate LIN/SRC numbers against each application.:(



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  • FraudGultee
    04-21 11:00 AM
    You will find the weather challenging if you are moving from North East





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  • GotGC??
    05-15 12:03 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.



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  • smuggymba
    03-27 08:21 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    India doesn't allow anyone to enter the country without a passport. Period.

    Try calling the USCIS/Customs customer service, I believe there was a post sometime back in which a person gave the customer service numbers of all the airports. You will have to search. Try logging a complaint with the Indian embassy in US (Chicago, Houston, LA, Washington.)





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  • eager_immi
    01-31 01:47 PM
    i don't get it how can he help?

    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.



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  • dealsnet
    02-26 01:22 PM
    Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!


    Originally Posted by nirdlalegcade
    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
    Today, 01:37 PM
    nirdlalegcade
    Junior Member Join Date: Jan 2008
    Posts: 15



    what if
    ________________________________________
    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?


    01-20 05:08 PM
    nirdlalegcade
    Junior Member Join Date: Jan 2008
    Posts: 15



    leaving US without greencard but has H4 visa.
    ________________________________________
    Hi to all. (questions are in BOLD, RED / GREEN words)

    Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
    My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
    Another question is:
    If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
    PLEASE HELP ME.
    I appreciate any help. Thank you.
    cause i'm kinda desperate. he-he-he.
    ________________________________________
    Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.


    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?





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  • bluekayal
    02-24 01:49 PM
    Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
    I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?

    If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.



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  • Lord Rahl
    03-05 10:51 PM
    Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)

    Don't worry about it. I'm sure it will be entered once Kirupa gets around to checking this section. You'll see quite a few uniqe styles and great entries from members of this site. Quite the talented bunch.
    And welcome to the forums!:thumb2:





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  • BMS1
    08-21 06:37 PM
    are you in EB2?
    Yes I am.



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  • bmoni
    12-22 08:32 PM
    Have any one changed employer right after I-140 approval.

    Please post your experience





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  • go_guy123
    01-07 10:32 PM
    People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :confused:

    It doesnt matter who is paying taxes or not. The immigration lobby is all about vote bank
    and non-skilled immigration has the upper hand over skilled ones. The senate is still under democratic party and they will roadblock any immigration bill for skilled unless there is something for the "illegals" (more likely theey will try to attach Dream act)





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  • raj2227
    10-17 03:18 PM
    I changed my adress after filing I-485 and I-765, thru online using AR11 form
    Its prety easy and we got our new EAD cards to new adress.

    I-485 - July 2nd
    I-765 - July 2nd

    Receipt notice Aug 29

    Change the adress online on Aug 30.

    Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.

    Recvd EAD cards to new adress on SEP 10th.

    so its very easy. nothing to worry .





    fuzzy logic
    07-01 10:22 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!





    jonty_11
    02-20 05:38 PM
    guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.



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