WeShallOvercome
11-06 04:11 PM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Poor guy/gal just asked a simple question.....
Sury, The PDs need to be current for I-485 filing AS WELL AS approval.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Poor guy/gal just asked a simple question.....
Sury, The PDs need to be current for I-485 filing AS WELL AS approval.
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karthiknv143
06-01 05:13 PM
^^^^^^^^^^^^^^^
reallow23
09-28 05:25 PM
Hello Everyone,
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
more...
noone2day78
02-19 08:11 AM
ohh is this really true? can u specify a source for this ?
^^^^^^^^^^^^^
^^^^^^^^^^^^^
snathan
08-30 08:29 PM
Hi,
There are 2 processing centers - Atlanta and Chicago...but all the audited cases can be processed only at Atlanta, i.e chicago audited cases will be transferred to Atlanta....
I believe there is only one processing center for PERM now. Only Atlanta is doing the PERM processing. All cases are trasfered to atlanta from chicago. Thats what I heared from Ron Gocher.
Thanks
There are 2 processing centers - Atlanta and Chicago...but all the audited cases can be processed only at Atlanta, i.e chicago audited cases will be transferred to Atlanta....
I believe there is only one processing center for PERM now. Only Atlanta is doing the PERM processing. All cases are trasfered to atlanta from chicago. Thats what I heared from Ron Gocher.
Thanks
more...
immigrationvoice1
12-08 01:25 PM
BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.
Thanks in advance.
Thanks in advance.
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nousername
04-07 01:48 PM
Thanks for a quick explanation.. So basically we are hosed if we leave our employer on a bad note and he decides to use our labor for someone else.
Follow up questions:
1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.
2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?
3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.
4. If people in point # 3 are not affected then are they off the leash?
Thanks.
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
Follow up questions:
1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.
2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?
3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.
4. If people in point # 3 are not affected then are they off the leash?
Thanks.
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
more...
mihird
09-17 11:57 PM
I will tell your first hand, the path to becoming a doctor is TOUGH...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
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h1bemployee
02-25 06:20 PM
You need to provide more details on bold words from your post. If you really need pointers from IV members.
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.
As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.
As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
more...
RNGC
11-25 03:03 PM
You are doing great...Please keep up the good work...
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
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gc4me
07-05 08:45 PM
I have sent a request 5 months back to FOIA to get my I-140 copy. No luck yet.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
more...
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lonedesi
06-26 03:30 PM
Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill
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trucks55
06-04 03:46 PM
I had recent gt my in-laws visa stamped at chennai consulate, i has send my 3 months bank statements from my online statements..
hope this help you ...
hope this help you ...
more...
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anandrajesh
05-04 01:59 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
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unaikax
01-04 07:58 PM
I am going to lodge a complaint with EPFO for PF/Gratuity using the following link
EPFO (http://www.epfindia.nic.in/grievance.htm)
EPFO (http://www.epfindia.nic.in/grievance.htm)
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OLDMONK
07-08 08:44 PM
You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.
My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.
Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.
My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.
Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.
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gcpain
06-25 11:10 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
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jonty_11
11-06 12:29 PM
I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
wellwishergc
04-10 07:01 PM
I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
masterji
10-14 05:40 PM
I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.
Not a lawyer. This is not a legal advice.
Not a lawyer. This is not a legal advice.
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