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  • jthomas
    05-17 08:36 PM
    Welcome to IV, since this is your first post.

    1. when is your PD?
    If your PD is nov 2008, it would take a long time (many many years) to get your GC.

    I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?

    If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?

    (your questions does not look normal)

    J thomas


    Hi Folks
    1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
    2) I got EAD and I am waiting for my GC.My 140 Is also approved .
    I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
    I believe I applied via NE Processing Center.
    How long before I get my GC.

    3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
    What about the FBI name check thing - is that going to cause delays
    4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
    CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .

    MANY MANY MANY THANKS.
    DHANYAVAAD
    Please somone reply
    Thanks
    Sam




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  • bmoni
    01-22 04:33 PM
    Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.

    Don't lose your hope. Keep up the fight.




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  • spoly
    09-17 01:43 PM
    Dear folks,

    I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
    Written to the forum and called in several times, was promised to get a call back.
    And was not contacted, nor called.

    And here is my message for you:
    You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
    You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

    Best of luck.




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  • jsporn
    03-18 10:48 AM
    test



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  • rubinop
    04-15 01:46 PM
    You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.

    You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.

    If you have more time on H-1B, try to switch to different employer and restart the Greencard process.

    Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.




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  • seeking_GC
    07-12 02:25 AM
    Any idea on when the lawsuit actually gets to court?



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  • seahawks
    07-19 08:32 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485



    Did my lawyer screw up?
    No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.

    I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.

    Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!




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  • ramaonline
    06-15 02:13 AM
    h1 is dual intent visa under the current laws it is perfectly legal to hold both h1b and ead statuses - u can be in just h1b status if u wish or get into EAD status or maintain both if the h1 is valid



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  • va_il
    06-08 12:17 PM
    No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.

    IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...

    For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.

    And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
    Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)

    Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.




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  • sandy_anand
    04-08 05:11 PM
    Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:



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  • senk1s
    04-10 05:40 PM
    How come Freaking 'Loudoggs' say 400K Applications were received by USCIS on his show . Freaking lier.

    I'd just say he is 'weak' in Math and Logic :) :)




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  • nixstor
    08-24 04:14 PM
    Did you consider the 20k cap for Masters students? If they can plan to graduate in summer instead of spring they can safely use all OPT and get H1B with out pain. I know many guys who didnt use all of OPT (used half of it) and landed on H1B to be in status. I agree with the loan situation you mentioned though.

    I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.

    B T W Are you the same guy who was looking for Pre approved labor on the other site.



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  • DDLMODES
    07-05 02:48 PM
    Until they say is open again, it is still closed.
    I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...




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  • thomachan72
    04-15 03:52 PM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?



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  • onemorecame
    06-25 02:51 PM
    send new again. anyways first one is going to come back.


    Why he sent before date?

    Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
    or USCIS will process application with the date 485 application received?
    or i am missing something over here.

    Thanks




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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.



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  • ragz4u
    04-13 10:52 AM
    Will IV be trying to campaign/lobby against the 180 day delay?

    90 days is a US law for every bill. Again, I don't see what IV has to do with that!

    The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!

    In any case, we will stick ONLY to our agenda.




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  • vin13
    09-30 08:03 AM
    :( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."

    I have used AC21 to change jobs but I am still on H1....Now i am worried.




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  • franklin
    07-20 02:11 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself




    priti8888
    10-05 11:56 AM
    How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.

    Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.

    In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.




    nayekal
    08-18 05:12 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.



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