Tuesday, June 7, 2011

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  • EB3IFiasco
    04-22 12:34 AM
    Jonas - Are you sure you have a EB3 labor? i.e. less than 5 yrs of experience and/or a miniumum BS as opposed to greater than 5 yrs of experience and/or master's or higher (EB2)? If latter than you may file your I-140 under EB2.

    EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.





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  • Almond
    07-17 08:42 AM
    bmneni,

    My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.


    You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:


    Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.





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  • pagalForGC
    06-17 12:43 PM
    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...

    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.





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  • HarishM
    09-21 04:21 PM
    Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.



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  • RNGC
    02-06 11:51 AM
    Thanks for the posts guys...appreciate it.





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  • god_bless_you
    04-28 01:07 PM
    The attached USCIS memo document will be helpful regarding this issue:



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  • sdudeja
    01-31 04:42 PM
    I am just waiting and watching what comes next. My only thing is if it was for the FP notice, it was mailed about 20 days before the date when it says 'document mailed' for the final stage. You are right for no one knows what they are going to do with your case. Lets seeeeeee.:rolleyes:





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  • CreatedToday
    02-11 05:55 PM
    To lighten up the moment after March Visa bulletin holds no prospects...

    http://thepinkchaddicampaign.blogspot.com/



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  • gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.





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  • ajay
    03-23 02:46 PM
    If your employer is a 'good' person s/he might be of help to you in this regard. LLC also may be an option that you can try with. Let others also explore some possibilities for you.


    Good Luck in your website.



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  • geevikram
    05-19 02:59 PM
    I missed the bus and would love to get my hands on EAD!!!





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  • GCSOON-Ihope
    10-17 09:56 AM
    Assuming I filed for I-485 before the retrogression mess.

    Thanks!

    A co-worker and I applied together at exactly the same time.
    We got approvals for LC and I-140 within weeks of each other.
    Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
    FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:



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  • lecter
    February 27th, 2004, 09:14 AM
    By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)

    "They can because they think they can"

    On this day the traffic had been stopped for the parade.....

    I was out of the car (Camera always at the ready) and I was taking photos of the girls dancing and got noticed (no cost).

    Here's another "Noticed me" shot..

    http://www.dphoto.us/forumphotos/data/500/15128T3321-med.jpg





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  • msyedy
    01-25 10:21 AM
    Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to look into issues we are having here, even if contacting them doesn't help, it atleast will not hurt us. i think there are few good ministers in there who can understand our problems, they may not help us with $$ but may be able to help us with their lobbying groups.

    i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.

    Wah Kya sooch hai,

    Congress is not listening to the Citizen Tech lobbyist, It will listen to Indian Ministers to make us Citizens. India wants all its citizens to become america citizens soon, there should be a separate provision for Indians. India wants to kick all the skilled people out of their country.

    How would you think that India could say something like this. You being an indian are saying that your country sucks big time. God forbid you dont your GC, will you suicied.

    Admin Remove this post



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  • Can2004
    07-13 11:07 PM
    My I-140 has my employers head office address in Part 1( as petitioner/employer). My future job location in I-140 petition is different from the one I am currently working at( on H1B). My H1b and I-140 were filed for different locations.

    Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.

    thanks for all previous replies.





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  • eswaraprasad73
    02-15 01:55 PM
    I went to Ottawa, Canada in January for visa stamping. I got Visa done.
    On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.

    Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.

    Good Luck for your stamping.



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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





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  • vhd999
    02-04 06:13 PM
    Few months agoI have applied for AP and requested for an expedite process.
    I have sent two pre-stamped envelops with the application. This is at NSC.

    Fortunately, they have approved it in a week and sent the AP documents using the envelops. I have recevied the documents on the next day.

    If you have a valid reason, it doesn't hurt requesting the expedite process with a proper evidence.





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  • nlssubbu
    07-26 01:41 PM
    For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.

    Thanks





    gc_chahiye
    08-26 11:19 PM
    I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.

    Please let me know.

    not everyone is from India.





    DareYouFireMe
    02-11 08:12 PM
    I think you should reach out to the new employer, involve his legal team. EMPLOYER DO NOT LET EMPLOYEES OUT OF STATUS. Not good for them either. you still have time. Also, obtain I-140 /LC docs from past employer. if he is not willing to share then reach out to the freedom of information website. Even though your employer has withdrawn application, as per my lawyer you can use your PD.



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