Saturday, June 18, 2011

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  • JDM
    08-04 11:33 PM
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?




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  • rani77
    03-17 07:57 AM
    I saw your post completely. It looks like that is a no go but you can try two things open a MTR and file an 140 in EB3 .Also parallely start another new case from scratch . You PD is Aug 2006 which may not seem a big advantage now but in a couple of years of time it will be. This may also cost a bit more so apart from financial aspect it doesnt hurt more to do these do things parallely. You got to take the call. Also make sure that you hire a good /well know attroney , your case typically indicates that the attorney made the wrong decision in filing




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  • franklin
    09-23 02:42 AM
    FWIW - I never got any copies of receipts, just the numbers, from my attorney




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  • jasmin45
    02-26 10:55 AM
    Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.

    The above said is correct only if you have an approved AP with you.



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  • chanduv23
    11-14 09:23 PM
    State chapters help organize and train members for lawmaker meets and it is very essential that we as a community stand up and speak for ourselves.

    It is very essential that we meet our lawmakers.

    Join the State Chapters now and meet your lawmakers




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  • IN2US
    03-17 11:21 AM
    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.


    no offense but the above doesn't make any sense what so ever, so does majority of your posts.
    and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.

    Peace :)



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  • krishnam70
    06-18 11:40 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?

    1. Your Evidence of legal stay can be gathered from the stamps in passport
    2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.

    3. O-visa is dual intent.
    http://www.greencardlawyers.com/workvisas/O-1visa.html

    4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.

    5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...

    - good luck




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  • bidhanc
    07-23 08:32 AM
    Hi,

    Would like to throw some more ideas;
    You should keep in mind that with this economy there is no guarantee of your job (my personal experience).
    If you want to stay in this country and that is one of your foremost desires/aim
    then in my opinion it is always better to aim for the GC and then do whatever you have to do.
    If you have option of going back to your home country and do not mind (due to job loss or other situation) then by all means go for career.

    Good Luck.



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  • hibhagya
    05-15 12:03 PM
    Great job and hope the current immigrations bill will pass this year.




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  • sanju
    04-15 04:03 PM
    This person abby is a member of anti-immigrant group. This person has just posted this message so that some one in their group can cut-paste this post into the lobby material of anti-h1b goup. This thread is actully not the fault of abby. So, rather than talking to abby I would like to say something to people who appear to be regular member of this forum.


    Dear senthil1,

    Do you have anything in the upper compartment of your head. I have seen your posts and you are always arguing for no reason. As if you are the only smart one around. Here you are playing right into the hands of an anti-immigrant. I beg you, please use your brains, atleast sometimes. Don't post just for the sake of posting. Idiot.



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  • eb3India
    01-31 02:02 PM
    I have nothing against UN and I really appreciate him for helping many guys and is numerous post on immigration portal (I wonder how he has so much time/energy to do so).

    However, one needs to understand you need to help yourself by helping IV and I don't see this happening, we just have too many free riders, who are praying some how things will turns out in thier favour.




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  • Green.Tech
    08-05 05:02 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!



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  • daishwarya
    07-23 03:05 PM
    Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...




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  • gc_chahiye
    07-20 06:18 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?

    EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.



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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.




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  • vamsi_poondla
    09-10 11:30 AM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.



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  • roseball
    08-04 07:46 PM
    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.

    If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.

    If I were you, I would get my family here on L visa and then file all the COSs at once.




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  • camarasa
    07-09 01:45 PM
    Buddy,
    Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.

    GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
    Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
    Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?




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  • gccovet
    09-04 01:42 PM
    I beg to disagree on this thought:
    I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.

    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.

    LostInGCProcess, Chanduv23,
    Thank you for your replies, I appreciate it.

    So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.

    Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).

    Once again, Thanks a lot.

    Regards.

    GCCovet




    sparky123
    07-18 02:12 PM
    We're running out of time. Any timely suggestions would be much appreciated.

    Please help to expedite Atlanta center.

    We just want to get ours filed too and join the rest of the gang in celebration :p




    aph0025
    01-20 03:02 PM
    Hi Amul,
    Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.

    Update:
    I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.

    Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.



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