Sunday, June 26, 2011

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  • same_old_guy
    10-25 01:55 PM
    I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.

    Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.

    So just hang in there, unless your 6th year H1 is expiring in new few days.




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  • Suva
    01-10 12:05 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.


    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.




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  • vxb2004
    04-27 09:29 PM
    Legal-In-A-Limbo,

    I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?

    Any inputs? Thanks in advance.




    same happened with me, already posted on couple of other threads.

    Hi,

    My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

    Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.




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  • immigrant-in-law
    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.



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  • dixie
    08-22 02:07 AM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.


    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?




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  • casinoroyale
    10-02 10:11 AM
    Understood.

    burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?



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  • solaris27
    10-15 09:21 AM
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?

    It depends what you want to use if you use H1B then till Jan 08 and if EAD then sep 08

    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?

    No




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  • eb3_2004
    10-30 01:25 PM
    How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?



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  • setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

    Please I need more views before I make decision




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  • jungalee43
    01-11 03:27 PM
    Nice to know and good luck to all of you. Hope it helps.



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  • coolvigo
    07-11 03:43 PM
    I just post a msg saying we can file 485 if 140 is pending. But after reading some other posts, I realize that we can file it only if PD from the labor we are using is current. If we want to use PD from an old employers application, we need to have date ported on new i140 application before 485 can be applied.

    Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(

    My old PD Aug2005
    New is from 2007 sometime,.




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  • sujith1
    07-10 10:43 AM
    You are right - The status changed today saying some one has picked it up - So express mail is good for sending.

    Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????


    I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.



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  • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.




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  • GCwaitforever
    04-11 11:47 AM
    Congratulations on getting GC. You are out of this hellhole.



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  • mps
    08-03 10:39 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)

    H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.

    What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,

    either your PERM may be pending for more than a year before your H1B expires,

    OR

    you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)



    - I have done it myself in H1 7th year with pending LC so my situation was worse than your

    Rule of thumb is GC for future employement so it does not matter which employer has pending application.




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  • drona
    07-11 11:40 PM
    He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.

    He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.

    He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.

    Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.



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  • vik352
    10-20 10:34 AM
    Thanks for posting this. My I-140 was applied in May 2007 and I have not heard anything. USCIS says it has processed until July 24, 2007. What a bunch of lies.




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  • ajp5
    10-20 01:36 AM
    Thx for response.

    I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?

    You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
    6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.




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  • chee
    11-01 11:13 AM
    There was a change in the LUD for my AP...Stus say its been mailed out for me and my spouse




    a_yaja
    03-18 04:35 PM
    I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
    [/LIST]


    This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.




    sweet_jungle
    10-12 12:42 PM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0

    This can easily be defeated if challenged in a court of law.
    All these are effect of lobbying from Merck.



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