Tuesday, August 16, 2011

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  • gotgc?
    12-19 05:00 PM
    You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.

    In your current situation:
    1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.

    2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.

    3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
    http://www.ilw.com/seminars/august2002_citation2c.pdf

    Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.

    BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.

    Are there anything we can do to get the status on the security check? How long usually does it take?





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  • saketkapur
    09-22 11:12 AM
    Hi
    this is just my thinking but somehow I beleive that no matter how much we try explain our side of the story the issue of immigration whether legal or illegal seems to be an explosive one....so if anything has to happen then it just might happen if there is not much publicity about it. A lot of politicians might support us if it will not create a huge buzz...
    lets see and hope
    regards
    Saket





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  • snathan
    11-15 04:18 PM
    No...if its going to take the quota from 104K and if there is going to be any loophole.





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  • Lou_Sifffer
    04-18 12:24 AM
    I believe Lou was referring to conversing on the internet. It definitely isn't a turn on to an employer if you are a 1337 h4><()r. You have to be able to get your words across. That is not to say that you can't use a bit of slang.
    wow! a breath of fresh air.

    Thanks Brad!

    That, and the AZ State Labor Statutes, were my points exactly.

    AP:

    Jnicklo has nothing to fear from me. He is his own worst enemy. He just doesn't realize it yet.



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  • ScratchingHead
    10-01 01:07 PM
    It takes one week to get the visa stamped. I did it and went to India in August. They will schedule FP for you in a location close to you.

    Shame on you....travel thru countries that don't steal your money in the form of 'transit visa'.





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  • satishku_2000
    05-22 05:49 PM
    What if you say you dont have any documents and show an expired VISA on your passport ...:D :D :D :D



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  • mailmy_gc
    06-07 04:47 PM
    I filed my wife EAD on 8th of April, saw couple of LUD around April 20th ... After no LUD's. Waiting eagerly to get approved.





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  • Tito_ortiz
    03-08 12:34 PM
    I would add this one from Shangri-la, by Mark Knopfler:

    "We may never love again, listening to the music of guitars...". That's true. Enjoy your moment today.

    Since no one has come out with English translation, here is my version. oomshiva, Please feel free to correct it as you are the author


    Life is short, enjoy its every moment
    In Office and at Home, enjoy and just enjoy
    Did get Chicken Masala, be happy with fast food

    No time for gym today, walk a little and be happy
    Didn't see a friend today, watch TV and be happy
    Can't go to home country, make a call and be happy
    Somebody is upset with you, ignore/remember him and be happy
    You can't see him/her, listen to that voice and be happy
    That person can't be yours, just remember and be happy

    Planned to do MBA, so what if you are in software, be happy
    Didn't get Laptop, With desktop be happy
    Yesterday is gone, recall fond memories and be happy
    Worried about future, stay in dreams and be happy
    These times will pass, enjoy your present to the fullest and be happy

    Life is short, enjoy its every moment

    and may I add this one line

    Enjoy your today to the fullest
    who knows ..
    there may be no tomorrow

    ===============================
    Sanan has written this line
    Green Card nahin mila H1 me he Khush raho ??

    Translation: Didn't get Green Card, Be happy with H1

    =================================================

    This is my first post. May I make a request that if you post anything in non-english, please provide english translation. Thanks!

    Here is a question for all those people who are good in Hindi --
    What is the english word for "punarchakravat" punar-chakra-vat
    Whay I am trying to say is that evenfor Hindi speakers it is possible that they may not get every word of it.

    I will post answer in a little while.

    Enjoy



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  • techbuyer77
    09-17 12:48 PM
    Hi everyone, I have been approved on 9/6/7.
    only 92 days after AOS filing.
    My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
    The question is, does this spoiled my chances for citizenship?





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  • walking_dude
    11-24 05:33 PM
    Let bygones be bygones. No point in beating the dead horse. Nothing will be achieved by opening old wounds.

    Let us be united from now on for all our sakes ( both Eb2 and Eb3)

    Agreed but this should be from both the side.


    Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).



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  • gimme Green!!
    07-13 03:36 PM
    Hail Lou Dobbs!

    Hell Lou Dobbs?





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  • GCard_Dream
    05-06 07:00 PM
    You are exactly right. Both H1 and L1 are dual intent visa so why would one be considered resident while the other one non-resident? I don't see how L1 can fulfil the requirement while H1s can't.

    I was wondering how L1 can be allowed instate tuition while H1-B's have to pay out of state according to the Arizona list. What exactly is the fundamental difference between the 2 which results in L1's fulfilling the requirements?



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  • gc_check
    09-19 03:27 PM
    Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.

    We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.

    Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.

    Many users just browse through the forum/website. How about making the forum available only to registered members ?? This will also make users register/login. Remove anonymous access to forum





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  • answers_seeker
    09-17 12:25 AM
    tabletpc,

    Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.

    tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.

    This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.

    thanks
    gcisadawg


    Guys, please do not scare the poster needlessly with half baked knowledge.

    Think of the following,

    1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.

    2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.

    3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.

    4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.

    Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.

    My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.

    Hope this helps.



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  • Siboo
    08-23 12:45 PM
    My wife's I-485 application reached TSC at 9:01 on July 02. No receipts and No CCs.





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  • rb_248
    09-10 06:37 PM
    Its not a problem dude...

    You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....

    Dude are you trying to rub salt????

    BR

    Karthik - That was a genuine question. I lose a lot of stuff. So, I had to ask. May be my timing was not good with VB releasing today and all. I am not trying to rub salt. Anyways, good luck.


    Dude, if i had a GC i would hang it on my neck like flavor flav 24/7.... :)

    anyways, congrats on your GC

    Ha ha ha ..... that's funny and thanks.



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  • GCBy3000
    07-13 06:57 PM
    Change the title. It is not a FACT as your title says. it is just your assumption.





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  • Drifter
    04-13 04:04 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace

    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.





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  • DDash
    03-25 10:08 AM
    H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending





    sam_hoosier
    05-12 01:48 PM
    below is data of pd from last four years for eb2-i - only for jun, jul & aug.
    Except july fiasco , i don't see dates ever moving forward in july vb; but they do move in august vb.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in july but in august?

    Jun 06 : 01jan03 | july 06 : 01jan03 | august 06 : U ---> no change in july. Aug backward
    jun 07 : 01apr04 | july 07 : C | august 07 : U ---> july fiasco
    jun 08 : 01apr04 | july 08 : 01apr04 | august 08 : 01jun06 ---> no change in july. Aug forward
    jun 09 : 01jan00 | july 09 : 01jan00 | august 09 : 01oct03 ---> no change in july. Aug forward
    jun 10 : 01feb05 | july 10 : ?????? | august 10 : ???? ---> do your really expect forward movement in july?

    dil ke khush rakhne ko ghalib yeh khayaal accha hai ;)





    vactorboy29
    03-03 02:21 PM
    a.w.e.s.o.m.e.

    Keep in mind when you change to your new Job .Your previous labor was approved in specific job code plus your advertisement which your old company used for filing perm application. All those job requirements need to match at least by 50% or so.



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