Friday, July 1, 2011

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  • GC_ki_daud
    07-11 04:03 PM
    I have

    EB3 140 approved for June 2004
    and
    EB2 140 approved for May 2006

    My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004

    But now, In this August VB , My EB2 became current .
    What I did not anticipate was the huge 2 year+ jump in EB2 dates


    My 485 was filed in July 2007 and shows the status pending since then.

    I asked my lawyer which 140 did he use to apply my 485 and he says "Both"

    I am confused with a couple of things

    1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .:confused:

    2. If I call USCIS , will they be able to tell me which 140 was used to file my 485:confused:




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  • RC2009
    10-13 05:45 PM
    Thank you for the reply. My confusion stemmed from whether i can use my US License as my id for gaining the license. Or whether somehow my A# or I94 number had to be noted on the license/certificate in order to use it at a later point for the green card process.




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  • mayhemt
    05-01 08:50 AM
    For that matter, even Santa Claus, Tooth Fairy come in illegals... They work here without proper authorization. Worse, NORAD tracks Santa Claus with tax payer dollars without arresting Santa....




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  • gparr
    May 20th, 2004, 03:13 PM
    I must say it made me spend some time to figure out what it is. Initially I thought it was something square floating in a container of water or a pond. Then I studied it for 30 sec. or so and realized it's a waterfall. Then I found myself really studying it to grasp what you're showing. From the "does it catch your eye and hold you" perspective, it worked for me. From the "this is a beautiful shot that I have to print and hang on a wall, I'd probably vote no. But I am going to go back and look at it a second time because I'm intrigued.
    Gary



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  • eb3retro
    01-27 09:20 AM
    did it twice already. will do it how much ever time it takes to get the right job. cant let the life suck in eb3 india wait. already waited too long in 485 filing time. cant ruin my life anymore. never informed no one abt my move. cos, in my opinion there will be no time, where they will get to process my eb3 india application with pd jan 2003.




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  • sivananda
    03-31 01:58 PM
    How long will it take to get the receipt number when we apply for H-1 extension? And how long will it take to get the decision?

    I am assuming when I have the receipt number, I can be considered to be in legal status and keep working with my present employer though I-94 is expired.

    Please help with your answers/suggestions.

    Thanks a lot.



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  • morchu
    05-04 02:37 PM
    All options are possible, depends on your personal preference. There is NO good answer.

    If your spouse is in H1B and have a stable income, I would suggest the H4 path.


    Hi..
    i am currently on my 8th year h1..and on the bench..hoping some projects will come thru in a week or so.

    Currently i have been on LOP for almost 5 weeks now..
    what do you think would be a good option for me:

    a.) Start the process for H4..and find a new job..and transfer H1 and stay till H1 is valid till may 2010..

    b.) Be on bench for few more weeks.. and hope someting will work out...(firm has said they wont cancel my h1/140).. they are just being helpful..but?

    c.) R2I ASAP...and try for a consular processing....?

    d.) go to H4...and R2I in May...then if the Eb2(Dec 2005) dates are current..try for a CP..its a long shot...


    i am confused..any suggestions??
    :confused:




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  • Ann Ruben
    08-05 01:53 PM
    1. The short answer is: Yes, you can most likely accept a one year intra-company transfer to India, and then transfer back to a position in the US with Company B without necessarily lengthening your GC process.

    2. BUT, in order to file for AOS based on the existing approved LC/I-140 (EB2 or EB3??), you would have to return to the US to work in the same position at the same location for which the underlying LC was approved.

    3. Alternatively, if your position in India meets the USCIS definition of managerial or executive, and you transfer back to the US to take on a position that also qualifies as managerial or executive, Compny B could file an EB1 I-140 on your behalf (maintaining the priority date of the prior I-140), thus substantially shortening or eliminating the quota wait.

    4. If you cannot qualify in the EB1 category, and Company B transfers you back to a new position or new location in the US. You can retain your original priority date, but the company will have to apply for a new PERM LC and then file a new I-140 for you.


    [NOTE: The above analysis assumes you (and your spouse, if any) were born in India and subject to the immigrant visa quota for India.]



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  • lavanyamohan
    03-16 08:21 PM
    Thanks much for your valuable info


    great relief in deed




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  • imaddin78
    03-20 10:25 AM
    i filed my case N-400 in August 2005 been interviewed on May 2006 and still waiting for FBI Name check from almost a year.



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  • qasleuth
    05-15 11:48 PM
    Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?

    Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."

    The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.




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  • snathan
    05-04 03:07 PM
    CuriousWho would you prefer contributing to?
    a. ....I'd pay money to track my case with my data-included.
    b. ImmigrationVoice -- I believe in it and it pays forward.
    c. None...........I don't trust both
    d. Both...........I LOVE both and/or have loads of money.

    Your poll has a flaw....I have selected all the options and voted...:D

    if you have the poll on IV...what you would expect as a result...?



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  • bugsbunny
    05-20 12:12 PM
    Hi,

    I have a questions and recommendation request.

    Question first:

    -> I am currently on H1 B
    -> I have filled my 485 and have EAD with priority date Nov 17, 2006
    -> I am planning to change job now.
    -> Question is; should I file for H1 Xfer or just take my chances with EAD?

    The request is for an immigration attorney that can help my new employer file H1 Xfer and AC-21.

    Thanks for help in advance
    --Scorion

    I can recommend my attorney in LA area if you need...PM me
    I am quite sure he will recommend doing the H1 transfer




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  • Templarian
    01-28 03:51 PM
    [third opinion]I use Blend 60% and Visual Studio probably 40%. You will want both.



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  • andy garcia
    08-14 07:20 AM
    I did my masters in US and have got my H1 B status which expires next year. Had a few question. Just to add to my situation i have not got my H1 stamping done on my passport.

    Q1. Can i apply for an extesion without a visa stamp.
    A. Yes, you can. You only need stamp if you leave the US.]

    Q2. How early can i apply for an extenstion.
    A. Within 6 months from the first date of the H1 period.

    Thank you in advance for your help.

    andy




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  • Blog Feeds
    01-20 07:00 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings.

    However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing. We have to mail in our request to the DOL. Then the DOL will take forever to come up with a Prevailing Wage. The DOL has advised employers to file the Prevailing Wage 60 days prior to advertising for a PERM, since the ads expire in 6 months. This is strange because the DOL went computerized much earlier than the CIS did. Why could they not have a faster computerized process BEFORE centralizing the whole process? Was this then intentional?

    This will slow down businesses, and filing of immigration. Similarly in July of 2009 the DOL significantly slowed down the LCA filings for H-1Bs. Which makes me wonder if DOL is slowing down things as a protectionist measure which caters to socialism? Is this the death of free enterprise, and business at the speed of 21 Century? It was another Democratic President and Congress that passed the AC 21 to speed the process up about a decade ago.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-6058636719390437264?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2010/01/is-dol-becoming-socialist.html)



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  • singhsa3
    10-26 08:53 AM
    This has been arranged by Chandu...
    He deserves the applaud...
    tri state members should take advantage of this
    thanks to you guys for all this effort!




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  • busybee2512
    06-14 12:01 PM
    I went to graduate school in the US, (majored in Architecture) and was on an F1 visa from the period 2006-2009.I graduated in Aug 2008 and applied for an H1 through a consultancy firm.The petition for an H1 visa was approved, but I decided to return back home anyway and came home in 2009.

    2 weeks ago, I visited the States for a week for a conference on a B1/B2 visa. I eventually want to return to the States and work there and therefore, need advice in this regard...

    Given that my petition for an H1 has been approved, will the company that offers me employment have to reapply for an H1 for me?Or can the H1 be transferred from the Consultant company(that got me the H1), to the new company easily?!


    Any help in this matter will be highly appreciated!
    Thanks!




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  • pappu
    11-15 05:25 PM
    Does anyone know what email / letter(s) one should get when the GC is approved ?

    I received this email two days ago:

    On November 13, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours.

    Does this constitute as a GC approval ?

    I read in other threads that a "card ordered" email follows the GC approval but I haven't received the email (nor the physical card yet).

    Does it normally take 1 or more weeks for the physical card to arrive after approval ?

    Thank you for any insight you can provide.
    hello Md_123,
    Congratulations on crossing the greencard hurdle. You have been a member since March 2006 and have been participating in this struggle. You have also endured a long wait since Aug 2001. If you have not yet contributed pls do not forget to contribute some money to IV. It will help keep this struggle alive and help other members waiting in line.




    RNANDIGAM1
    01-13 08:32 AM
    I have a similar situation. I-140 approved, waiting to file I-485.

    Will INS extend the visa if 6 the year of H1-B expires , say in about 5 months?




    maristella61
    05-01 05:52 PM
    what's up with that !?!:confused:



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