Thursday, June 23, 2011

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  • Edison99
    08-23 11:50 AM
    Thanks for the great suggestions!

    When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

    What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

    Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

    1. Interfile is a tricky process. If you could avoid it, avoid it.
    2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

    Negative point of this route is - you need to make a trip to your home country on a short notice.

    Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.





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  • sanbaj
    05-05 03:26 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..
    My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.

    If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.

    I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.

    Hope this helps.





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  • amoljak
    05-15 07:49 AM
    This is just some cheap theatrics by Durbin Grassley in preparation to attach their anti H1B restrictionist bill to CIR. Read more here: http://immigrationvoice.org/forum/showthread.php?t=3944





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  • sankar_203
    08-07 10:31 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..

    Hi All

    I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date

    I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.

    My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.

    There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...

    I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).

    I believe my H1-B has been automatically canceled on immediate approval of GC.

    How do I get my future wife to USA?. What are the options left out to me now?.

    Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.

    --Suresh



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  • shozee
    12-30 07:22 PM
    Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
    Any idea what would this statement mean ?
    I_140 & 485 fild July 5th 2007
    PD curent





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  • kartikiran
    12-28 09:39 AM
    For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
    Appreciate your help
    Yes. Send 2 photos with your name and alien # written on the back.



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  • H1bslave
    09-21 04:03 PM
    that sounds so cool. wish it will do something better for us.
    http://www.aila.org/content/default.aspx?docid=23290





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  • prioritydate
    08-17 07:31 PM
    Bumpy... Bumpy...:D



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  • Green06
    09-19 12:39 PM
    I think initially due to rush the NSC sent apps to CSC because either the person's residence was in CA or Lawyer, In my case my lawyer is based in LA, CA. But now CSC is trasferring back the 485 apps to NSC where the 140 is being filled (or may be there is some other criteria). I am waiting for the EAD and AP approvals and FP notice.





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  • laborchic
    06-12 12:03 PM
    Keep your fingers crossed guys.. This is going to be a long fight.. I hope everyone does their own bit and try to help in IV's efforts.



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  • gc_on_demand
    06-10 04:02 PM
    Completely baseless and irresponsible statement from Mr. Gotcher!!!

    He contradicts his own statements:

    "If these statements are true, then the end of the current mess is in sight.
    If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."

    CONTRADICTS:

    " EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."

    On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):

    "EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
    EB3 India: November 1, 2001"

    AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:

    "Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."

    Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...

    First of all he mentioned that 500k app in 2007 and then USCIS used 280k in 07 and 08. so 220k remaining. Dont forget that they opened gate till 2006 where so many people who got their labor cleared from backlog centers in 2007 ( Sep , after july 2007 thing ) applied.
    So I would say out of 500k it didnot reduce 2 years but only 1 year ... so total left are 360k - 140k ( 2009 ) = 220k remaining. Now that they have pre adjucted 110k so 110k left. If they stop accepting new app for next 2 years then they can clear all mess in 2 years but law prevent them to do so...... so end of mess for ROW contries is near ( with improved USCIS process )... but for India out look is grim as law prevent india to get more than 3k if there is more demand from ROW and Eb4 and Eb5.


    also If CIR passes and they add recapture then it will make dates current becasue those visa go on oldest app first. ( God knows who is oldest here ) but given that india has lot more app pending in back those recapture can clean lots of indian backlog while new supply keep going to ROW countries.


    To me the bottom line is " VISA RECAPTURE " either law suit way or congress through.............. other than pack ur bag and head to wards home.... ( specially people like us who didnot file AOS and very tough to be on h1b after 6th year is over ) ..





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  • desighee
    01-04 10:10 AM
    yes don't wish for two wives.
    One wife itself is sufficient to cause life long agony and u r wishing for too!
    Indeed a brave fellow and should be given a GC on national interest waiver



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  • H1Girl
    12-01 07:53 PM
    Here is the link:
    ..
    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required?
    ...


    Probably the IO might have thought that the traditional way of getting Masters Degree [in USA] is "10+2+4+Masters"...I may be wrong...





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  • jgh_res
    06-19 04:33 PM
    Are you sure he is not going to mess up ur case because u filed using a different law firm against his wishes.

    You only can answer the above question. If u think there is a possibilty that he will mess it up, Dont go with a different law firm.

    Talk to him and see what he needs.

    I do have copy of labor approval but I donot have copy of job description that they filed for labor. I also have copy of 140 approval.

    I don't think I can get letters from HR (there are couple of people who handles everything from getting timesheets to posting payslips) as they very loyal to my employer.

    Then I guess my only options are
    - give it a try to file through another attorney with paystubs and without employer letter.
    - forget about $5000 and proceed.



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  • milestogo
    07-22 04:27 PM
    -What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
    -Can the leave of absence be counted in this period?
    -If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?





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  • srini1976
    03-26 11:06 AM
    Hi Guys,

    I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.

    Thanks

    What about folks working on EAD?



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  • gimme Green!!
    07-06 02:55 PM
    This is great stuff.
    Hope something good comes out of this.
    Good luck, Dr!!

    This is the great break through so far as long as media attention is concern. NBC nightly news is very popular news. I always watch NBC news.

    Thanks to Dr. Murtaza Bahrainwala.





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  • munnu77
    04-13 08:43 AM
    I dont think there will be any movement for May and June. July could see a big movement.

    july which year...???:D





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  • tselva
    11-12 10:18 AM
    Dear tselva,

    why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.

    i dont have any hope in December bulletin, waiting for next year.

    Anyways, I hope all of us should get out of this mess ASAP.

    Thanks

    MC

    MC

    You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D

    I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.

    Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!





    chanduv23
    03-26 02:28 PM
    We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.

    My HR already mad at me. Because

    (1) First EVL - for AC21 job change
    (2) Second EVL - to answer NOID
    (3) Third EVL - for travel on AP

    All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway





    ritu_raj
    10-02 01:21 PM
    I am intrested in knowing if you have received FP notice.

    No FP notice yet...



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