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  • tulips
    10-15 03:00 PM
    Hello,

    Sorry to be posting here but how do I start a new post?
    Here is my situation:

    My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?

    Thank you!




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  • joydiptac
    04-21 02:44 PM
    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..
    Yes but why?
    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
    No. H1 has to be refiled.
    b.) Can i file for H4 on my own..is it complicated?
    Yes and Not complicated (I haven't done this but I have seen the application).

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current
    I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.

    thank you!

    BTW are you from IT BHU?




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  • gc_wannabe
    06-16 11:05 PM
    Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
    During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.

    And no, I'm not working for a consultant. And I have been with the same employer since 2006.

    Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)


    Thanks.




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  • snhn
    06-13 02:53 PM
    Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.

    Thansk!



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  • belmontboy
    10-13 11:00 PM
    If you are ugly, you could go in formal shirts & pants.

    If you are smart and sexy, you could go naked! :D




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  • mariusp
    02-22 09:28 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    TSC
    485: went from May 24 to April 10, 2007 :(
    140: June 23, 2007
    NSC
    485: July 30, 3007
    140: Jan 22, 2007



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  • dilber
    06-13 08:02 PM
    I have asked this question before and have called around 4 reps so far. Do I just leave a message or ask for the Congressman / woman? The receptionists are probably not even writing down the messages.

    Hi Aah_GC
    I called all the representatives and I thought they were not taking down any thing and way it even useful. basically I was doubting like you did so to one of the aides I asked did he get down the numbers and he just repeated them right back. Also any further doubts I had are cleared now as I see a lot of reps we were targeting actually becoming co-sponsors to these bills. So I would suggest (and urge) you to definitely call every lawmakers in all the 2 calling items. I mean it can never hurt right??




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  • suresh_la
    12-01 05:16 PM
    Hi

    If any one can answer my question above , please

    I am in dilema

    Thanks in advance



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  • dazed378
    04-07 09:41 PM
    A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

    "We didn't allow your spouse's personal exemption because your spouse's:
    Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
    Last name doesn't match our records or the records provided by the Social Security Administration.
    Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
    If you have questions or need additional information, please have the following on hand when you call:
    A copy of this page.
    A copy of your tax return.
    The notice we sent you.
    If you disagree with this change or the way we processed your return, please contact us.
    ."

    Do I still need to file form 1040X? Please let me know.




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  • amitjoey
    01-11 11:46 AM
    Just so everybody understands:

    This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.

    This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.

    There have been a lot of bills in the previous years that have not made it to the floor.

    IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.

    Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.

    Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.



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  • pappu
    08-29 08:35 AM
    how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.

    as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.

    each individual member can help us in any capacity. It is a combination of everybody's effort (and not just IV core team) that enables us to succeed in our mission.
    ---------
    As an individual, please try to spread the word of immigration voice amongst the friends you know. Larger numerical membership strength will be very positive for us when we meet lawmakers and media.
    -------------
    Please try to post IV posters in your local grocery stores, temples and restaurants. One poster is in 'resources section' and the other one that I posted is in a thread called- ideas to increase publicity of IV. http://immigrationvoice.org/forum/showthread.php?t=694
    ------------
    please contribute and also urge people you know to contribute towards IV. The antiimmigration forces are spending a lot of money to block our efforts and we have to lobby harder to get our provisions through.
    --------------




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date



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  • javadeveloper
    12-02 01:29 PM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.

    One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info




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  • ChainReaction
    04-18 09:09 AM
    I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(



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  • mmandal
    06-08 12:18 PM
    Chanduv23 wrong on both counts:

    "For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."

    No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.

    "And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."

    No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.




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  • qwert_47
    09-27 12:41 PM
    ^^^^^^^ bump

    Appreciate any advice...thanks



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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




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  • lskreddy
    12-05 12:04 AM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!

    I think that about sums it up the best way possible. Gosh, I wish a chernobyl would happen in the areas that mofos come from and wipe them out.




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  • rb_248
    09-10 03:26 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.

    My Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.




    Radhika
    07-09 01:38 PM
    Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium

    Yes it is at TSC.




    GCNirvana007
    04-08 04:46 PM
    Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions

    Thanks.



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