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  • aamchimumbai
    07-23 12:05 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai




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  • kaisersose
    07-25 12:35 PM
    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.




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  • senthil
    02-06 06:31 PM
    Her H4 depends on my H1B validatity. Im said if i call AC21 using my EAD, then my H1B goes invalid and so her H4. Does this makes sense to you. Do you got other opinions ? If so let mw know. thanks.




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  • crazyghoda
    01-21 01:26 PM
    You have absolutely nothing to worry about. I left one job on Nov 24th and joined my next on Dec 6th (almost 2 weeks). I willingly took a break since I was moving to a new city and needed time to check out neighborhoods and find a new apartment, etc.
    If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.



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  • lvaka
    07-17 06:51 PM
    Thanks a lot IV Core. I am sure this is a very small contribution for the cause. Just to start with here is my $100 one time contribution.

    Order Details - Jul 17, 2007 7:16 PM EDT
    Google Order #663744711461021




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  • greenleaf81
    10-31 09:21 PM
    Hi,

    My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.

    We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.

    1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
    2) Is it my right to get a copy of the RFE?
    3) How come the case status did not change on USCIS website?

    My current visa expires on Nov 20th. Please advice ASAP.



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  • gccovet
    06-25 12:24 PM
    The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

    Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.

    also, not getting paychecks while on H1 open another can of worms.
    GCCovet




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  • syedajmal
    10-25 01:04 PM
    From the above posts you can defintely use the priority date once I-140 is approved and move on.

    My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

    Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

    Thanks in advance for your comments.:)



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  • GCwaitforever
    02-09 05:50 PM
    If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.


    To

    Mr. John Beverly
    Director, Foreign Labor Certification Program
    200 Constitution Ave NW, room C4312
    Washington, DC 20210

    Mr. Beverly,

    [Block A: Filler] with model text by the side ....
    [Model text:
    I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]

    Block B:
    Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
     Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
     FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
     There is a complete lack of transparency and answerability from a public agency like BEC.
     The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
     The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
     The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.

    All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
     Why FIFO has not been implemented?
     How many people are working on adjudications?
     What are the criteria for picking up a case for processing?
     Why are there differences in procedures between Dallas and Philadelphia BECs?
     How many cases have been adjudicated so far?

    Block C:[Filler]
    [Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]

    Respectfully,

    ------------------------------------------------
    xxxx




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  • oo00mustang00oo
    08-10 04:48 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)



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  • arc
    06-17 04:44 PM
    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:

    You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?




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  • ftbakhru
    06-18 03:30 PM
    Yes you can pick the passport at end of day manually



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  • athanga
    04-29 04:36 PM
    I personally know of a case that got lottery selected email confirmation today afternoon. (04/29/08)

    Non Premium Processing, Non Masters Quota.

    So I guess USCIS is processing all cases slowly and the emails were not send in bulk.




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  • sandy_anand
    04-07 09:42 AM
    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)

    Thanks :)



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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris




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  • srikondoji
    07-02 03:04 PM
    follow your lawyer's advice.
    You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
    --sri

    Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???

    Pls advice,

    Thanks,



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  • Sunx_2004
    10-17 07:16 PM
    July 17th no receipt yet

    Just chill
    ;)

    My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?

    Thanks,

    Kapil




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  • gconmymind
    07-29 02:51 PM
    Are you sure Systems Analyst and Director of Development are considered "similar" jobs? To me it does not sound like similar jobs. Systems Analyst is a technical job whereas Director is purely managerial position.

    Let me know if you have documentation on "same/similar".




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  • vin13
    12-02 10:21 AM
    Can we apply Emergency Ap for official visit ?

    Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.




    martinvisalaw
    06-04 10:09 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.




    dpsg
    03-25 11:00 PM
    I think timesofindia has a right to report news. They are not a lobby group ..they are a newspaper. Give them a break.

    Although I do agree It is a poor quality newspaper, You can clearly see cheap shots on its main webpage.and the news selection for headlines is extremly british tabloid kind...flashy and worthless .

    They also run "economictimes" for business news, which is considered premier business newspaper in india... I feel really disappointed when
    I compare its quality with "wall street journal" or "businessweek".



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