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  • rc10580
    06-14 08:09 AM
    Hi Marlon,

    BTW, did you change your username??
    We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
    We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(




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  • panky72
    08-13 02:07 AM
    oye chappan... ever been to indore?
    there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)

    I have been to chappan dukaan in indore. nice place to hangout in college days:)




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  • Munna Bhai
    04-27 12:11 PM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.


    09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:

    http://www.uscis.gov/files/pressrele...22_091206R.pdf


    (3) Priority Date Based on Earlier Petition.
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.




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  • pappu
    08-10 03:59 PM
    we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
    All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.



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  • newbie123
    11-21 02:25 AM
    I have similar question as the last one from bhayzone.

    + Myself on H1-B and wife on H4.
    + Both visas are expired now. Have got the new I797s (new expiry in 2011) and planning to go to India in Jan 2010 to get the new visa stamps.
    + But we are planning to apply for my wife's F1 visa instead of renewing her H4.
    + I have my got my I140 approved.

    So my question is -
    + Can we schedule our visa interview appointment together - me for H1-B stamping and my wife for F1 stamping?
    + Is it risky to go together?
    + If for some reasons, my wife's F1 application gets rejected, will there be any problem in again applying for her H4 renewal/stamping?

    Will appreciate any/all advice.

    Regards,
    N.




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  • amitjoey
    12-04 01:21 PM
    I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
    As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
    My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.


    lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr



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  • pd_recapturing
    04-04 03:25 PM
    It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.

    "In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"




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  • immi_seeker
    07-12 08:37 PM
    ^^^^^^^^^



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  • arsh007
    12-08 06:05 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.

    My immigration status is H1 (485 pending EB2/INDIA). I am on the verge of completing my 2 year Masters in Computer Information Systems (MS-CIS) from Missouri State in Springfield, Missouri. Its a distance education Masters program with one week of on-campus residency every semester. The program is geared towards working IT professionals and its accredited by AACSB. The quality of education is excellent and fees is very nominal. I even got my employer to reimburse me for the tuition. Please see the following website for additional information on the program.

    http://missouristate.edu/

    http://mscis.missouristate.edu/default.asp

    http://mscis.missouristate.edu/applicationprocess.asp

    Please email me at arshstl@gmail.com for additional information.




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  • chanduv23
    03-03 11:55 AM
    Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?

    Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.

    As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.

    Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.



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  • punjabi77
    08-06 12:12 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.




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  • amar123
    07-12 04:26 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.
    Every guy thinks that his/her problem is always the biggest bottleneck



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  • eb3_nepa
    08-16 10:18 AM
    anyone?




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  • estrela21
    02-08 11:52 PM
    As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...

    a) What is your current Immigration Status ?
    b) Do you have SSN ?
    c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !

    d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?

    e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"

    That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .

    Good Luck !



    thank you....so much



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  • mk58581
    06-06 04:15 PM
    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.




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  • Rishi123
    11-09 12:23 PM
    Dear Friends :

    Appreciate if you could provide some insight to my situation.

    I had filed my labor certification from company (A) ( Based on future employment ) .
    PD Sep/04
    I did not work for the company (A)
    My labor certification has got approved and now I am preparing to file I-140.

    In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.

    Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.


    Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.

    I am not able to get a clearer picture.

    You help will be highly appreciated

    Rishi



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  • 53885
    08-02 04:00 AM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????


    Guys,

    Discussing this topic all day will not get you any closer to getting GC.

    Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.

    Make sure Congress members hear your voice.

    If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428

    http://immigrationvoice.org/forum/showthread.php?t=10747




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  • willigetgc?
    01-21 01:15 PM
    To avoid being like the thread running a few days ago, I don't want to be responding to each response. However, I do want clear a few things:
    I am not promoting one parenting technique over the other.
    As I said, I agree with a few things and disagree with a few things the author talks about.

    Having kids myself, I cannot think of a parent who would do harm to their own child. Each set of parents come with their own parenting skills that works for them and their children. I leave it at that.

    I only posted this because my doc asked me of my opinion and I in turn asked the opinion of IV members. If this thread is going to turn ugly, lets stop it, that was not my intention.




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  • krishna_brc
    05-30 08:30 AM
    bump




    pd_recapturing
    09-26 10:51 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
    ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
    My sincere advice, DO not even think about it ..




    makemygc
    06-22 11:18 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

    My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.



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