Tuesday, October 25, 2011

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But i filed GC 6 times i had three approved I 140's with different priority dates.
I missed filing my 485 couple times.
thanks,
I asked because how much sanity would have left in a person if someone is in the game since 2001 ...:D :D :D :D
Good luck

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Friends

This is my situatio
Now we r planning to change my wife status from H4 TO F1.

Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.

Pl advice

Thanks

It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.

But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.

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sammyb
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...

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I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?

PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.

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Related to the questions on this thread.

What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job

Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD

Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c

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Hi
Congrats on ur GC . can you tell us what was ur wife's EB2 priority Dt.

Thanks

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My PD is Aug, 2004. Got 45 Days letter sometime in March 2006 and replied. No movement. No changes. No information. Employer says, he did not hear anything from them to start advertising.

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Which part of CA are you in? Is it scary to live there. Do you really need a gun?

I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.

J Thomas

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dealsnet
Doesn't matter.

what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.

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mdmd10
09-14 04:01 PM
That last question on the bills was from me!
Thanks for answering
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centaur
07-28 04:18 PM
:)

One more expert...:D
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tikka
05-31 02:32 PM
Contributed $350 so far. Will contribute another $100 today.

Awesome!!

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xela
06-14 11:56 AM
I just checked on my service request and after 2 weeks they still have not done anything, no updates on case no fp notice nothing since April 30th...and here they received it on April 16th....

I am not sure i need a fp notice, I simply hoped that they would look at the EAd if I put in a service request, because they have been sitting on it

I also was told by this lady that the 90 days turnaround of EADs is just an estimate and I need to wait 45 days for a response on my service request....well i am on 60 days for EAd now so 60 plus 45 thats 105 and I cannot afford them messing around this long!!!!!


:confused:
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GCNaseeb
08-08 03:55 PM
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?

I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:

" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".

Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?

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rsdang
07-23 10:41 AM
What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

FNU - also stands for Family Name Unknown...
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Env_Engr
10-22 09:30 AM
Has any July 2nd filer that got receipts / checks cashed in October, receveived EAD? I am still waiting and wondering how long this phase will last?:mad:
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...I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.

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I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..

OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.

See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
My attorney was very thorough and prepared the initial evidence well.


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When did this happen? Why wasn't such a major policy change communicated on the Home Page?!
Is "Bill Pay" option ever going be re-instated?!!

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tinamatthew
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed


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That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China

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webm
So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
1)Just say them that you have EAD work permit authorization and can work for any employer/company on W2 basis.
2)You just explain them with its use.Mostly everyone know about EAD is used for..
3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..
HTH,

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tammigaw
Thanks a lot for heart warming response .

I greatly appreciate your comments .

Ask him to go to hell!!!

Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.

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arc
When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

(do some workout like fun sports (Gym is for the dedicated ones) to stay active)

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Thank you to you all...

Core team,
QGA Associates,
Staff of senators,
Senators,

You guys have worked hard and your efforts are appreciated....


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D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help

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I hope you don't mind but with about 20 minutes in photoshop...:DGood job! Provided a great laugh at the end of a rough day.
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Lecter , the quality of your pics is first class...the sharpness which comes from very good optics is amazing.
Your subjects and locations, being so exotic to western eyes make for great portraits
The set you posted is great. This last one I like for the short DOF, the highly contrasted BW areas, the ripples on the water, and about the composition I like the geommetry of the photo, the intersecting diadonals of boat and pole, with the upright figure of the subject, and the way the sight is led to the boats in front.
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sanju
You called office of which Senators?

Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him

1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...

I urge you guys to contact your senators & Congressmen/Congresswomen

We have a group which is focusing on this issue, if you want to join us here's the link
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Thanks

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Awesome airline. I would pay $ 100 premium over other airlines to travel via Emirates. Excellent food and service. Cool stewerdesses too.

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Thanks for the update !
I am watching this... looks pretty interesting :)
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I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!

Can some one please clarify this doubt?

I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.

Thanks
Raj

------------------------------
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any suggestions if 140 is not approved?

Filed in August 2012......doesn't look like there is much movement based on tracker!!!!

EAD in hand

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I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
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What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd

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I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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This is the content of the email I received.


Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing

On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.



DSLStart can you please post the contents of the email you received?


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Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

-Sree



This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...
Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

-Sree




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perm2gc,
Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.


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naturopathicpt
Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

I highly appreciate your warm assistance.

NaturopathicPT



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rameshvaid
As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

Seems FAIR is slowly creeping into DMV also.

Do u think, we did't do that.. We did everything possibly we could but of no help and been to three diffrent DMV's.. same old crap.. This seems to be a bigger problem than getting GC.. now we will be restrictited of driving too??

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is this the application that you used for renewal...please reply...thank you...:)

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Same thing with me.. every time I call they say wait 90 days.Even I tried to tell them that its more than 90 days old that I sent..without luck...
Thanks
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My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.

Thanks.

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maximus777
09-10 03:05 PM
Which EB category are you shooting for?
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page 37-44 ...

I always thought that i would never have this problem, i spent time worry about PD being current, medicals, certificates and the rest, i have a normal name/country etc, no history, no parking tickets etc. Most of the people are just like me, they never think they will face this issue, and end up getting stuck. As the report mentions there is a lack of funding and resources.

BTW mallu, if they are watching you, just go and talk to them...tell them to clear your file, it will save them some time and ease our pain too :D



no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.

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NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .

But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.

I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.
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As per my understanding here is how it is supposed to work

- One ONLY has to say whether he/she is Authorized to work for any employer in an unrestricted manner

- One ONLY has to say if he/she has a security clearance

- One ONLY has to say if he/she needs a visa sponsership now or in future

- Certain jobs may need that one has to be a US Citizen (not sure about this) - but there must be a valid reason as to why the job needs a US Citizen

Once an employment is offered, the employee has upto 72 hours from the day of joining to provide proof of work authorization and complete the i 9 form. The authorization must be original and the employer must verify this and take a copy and place it in the employee's folder.

Desi3933 or IV Attorneys - please pass on your comments.

This is very important because - due to economy, a lot of employers are coming up with arbitrary rules and applying arbitrary filters and will continue to do so as long as it is not challenged.=
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what_now
06-08 02:01 PM
did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.

immigrant-in-law
04-04 11:59 AM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.

**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.

Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?

Regards