Monday, June 13, 2011

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  • abhijitp
    06-21 11:26 AM
    for your quick responses!

    I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.

    The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
    http://immigrationvoice.org/forum/showthread.php?t=5199

    Doea anyone have any advice on the situation I tried to explain in the above thread?

    As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.

    Thanks!





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  • Munna Bhai
    02-08 11:32 AM
    Hello,

    My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.

    I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.

    If I-140 is not revoked:
    a)One can extend H1b through any company for 3-years.
    b)One can get PD ported.

    If I-140 is revoked:
    a)It is a grey area but commen-sense says that one is out-of-status.

    How to protect I-140 being revoked:

    a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
    b)Give some valid reason to current employer until your I-140 from other company is approved.

    Or any other thoughts???





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  • pkv
    04-13 05:35 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS

    Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.





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  • mugwump
    03-13 10:17 AM
    I apologize in advance if people think my post is inappropriate for this thread, but I couldn�t find the older thread I was looking for.

    I was wondering what happened with the discussion about the potential impacts of Canadian Immigration on US GC process. I had read before that UCSIC might consider it as an abandonment of the 485 application.

    I had applied for canadian immig as a back up and got a medical request form from Canadian Consul. I am planning to go ahead with it. Was hoping to find out if people have been landing in Canada in this post 485 filing world??

    Responses will be appreciated.



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  • snathan
    02-23 08:13 PM
    Hi,
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!

    1. You cannot use the experience gained from the current employer...
    2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
    3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.

    So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.





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  • billbuff123
    07-29 11:43 AM
    As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.

    I am also in the same boat and I am waiting my priority date to be current.

    I got my 485 approved

    Thanks,
    Bill



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  • panini
    06-18 04:45 PM
    I totally agree!

    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.





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  • madhu345
    07-27 09:06 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?



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  • sriteam
    07-07 02:04 PM
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  • chanduv23
    08-08 03:24 PM
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  • stemcell
    03-07 06:38 PM
    Can you give more detalis?
    are you filing NIW as a physician?





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  • sunshine7672
    03-06 02:41 PM
    Does anyone know when these fees might become effective? Is it 120 days after February 1st or is it at the start of FY2008 (October 2007)?



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  • gchandu
    04-12 10:12 AM
    Hi

    I e-filed my EAD and AP at Texas Service centre...did not get any FP notices and both EAD and AP got approved...

    Don't know the logic / rule on when will they issue FP notices and for which category / state of people....

    Thanks
    Chandu

    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.





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  • kisana
    04-11 10:16 PM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.



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  • STAmisha
    11-14 05:55 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain





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  • kaisersose
    05-29 08:09 PM
    Could you please clarify:
    - what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
    - did you mean premium processing 140?

    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.



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  • pammk
    06-01 06:33 PM
    Interview Date: Friday May 6, 2011
    My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
    Visa Officer: A Lady
    Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
    Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
    Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
    Current status: last correspondence via email was on May 13th, no response as of yet.

    Am I experiencing this because of my employment model? Any comments from anyone?
    Did anyone else have similar experience? Anyone from Southeast Asia?





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  • subahjaani
    08-15 11:46 AM
    Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.

    My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    Any, suggestions.





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  • psaxena
    03-09 05:32 PM
    ???





    girishvar
    08-15 12:20 PM
    There should be a good faith job offer from your GC employer as of today. You can decide not to join the job after your I-485 filing and 180 days there after.


    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.





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