Tuesday 21 June 2011

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  • old purebred Chocolate Lab



  • gc_maine2
    05-22 02:39 PM
    Thanks GCneeded, it was very helpful. I have few questions on your responses.

    mhtanim,
    Since your is paper based, can you please let me know what info should be filled in these parts of I-131.

    What should we write in these sections of Ap Application

    Part 3: ( Still not decided the trip, but renewing the application for safe side.. so not sure what should we write? or leave blank?
    {/COLOR]

    1. Date of Intended Departure (mm/dd/yyyy) - NEXT ONE YEAR
    2. Expected Length of Trip - ONE MONTH

    NEXT ONE YEAR means, my AP is exiring in sep 2008, so shall i write sep 2009?

    Part 4: -
    NO
    IS this for Question # 4 in Part 3 or Part 4??

    Part 5: (should we leave this blank or say N/A??)
    LEAVE BLANK

    part 6: (should we leave this blank or say N/A??)
    LEAVE BLANK

    part7: checked (more than one trip), but for other fields.. should we leave blank??
    Check more than one trip and leave the rest BLANK

    Hope this helps.





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  • myvoice23
    08-12 02:21 PM
    Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.

    So does "ADIT processing referred to in the welcome notice" means. Does that mean we need to go for inperson Interview....

    myvoice23 any updates on these.

    When you receive the I-797C Approval notice. Read that notice, If it says anything to go to local office do that. Otherwise, relax and enjoy your GC freedom.

    I got my approval notice and read completely I don't have to do anything. It is just a message is different.





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  • skpanda
    05-17 06:51 PM
    If you think that genuinely your position qualifies for EB2, I think you have 3 options -

    1. Convince your Boss/Employer so that they can talk to immigration department/attorneys to port into EB2

    2. Find another employer who is willing to sponser your EB2

    3. Continue on EB3 and provide a hand in IV activities to have Congress pass immigration reforms bills that would include Visa Recpature/Get rid of country cap etc.

    All the best my friend!
    S


    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.





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  • ho jayega
    12-27 06:18 PM
    Guy,
    I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

    In my previous post http://immigrationvoice.org/forum/showthread.php?t=15889
    I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

    1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

    2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

    3 - An audited financial statement of 2007

    4- My recent pay stubs

    5 - My W2 from 2003-2006

    6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.

    This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from square one again.

    I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

    Thanks
    RB

    Hello Rbashir

    your case is same as mine, i got denial due to A2P, filed MTR on Oct 22
    however my employer didnt transfer any funds for the difference in salary from 2002 till 2004 , however they did send audited financials + letter from CPA and CFO.

    let me know once you get a response on ur MTR
    my personal id is gune01@gmail.com



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  • mlk
    05-06 04:24 PM
    ugly 'nuff ? - will transform more when time available

    http://mlkdesign.online.fr/misc/kirupa/ugly.jpg





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  • khadash
    09-12 12:19 PM
    Hi Everybody,
    After waiting for more than six years for GC in EB3 I have decided to port PD to Eb2. I do have some concerns on this as my company says that I do not need to file a new H1B nor do I have to file an AC21 but they will be willing to file a new labor through a sister company. My question is even if this were a sister company which is different than the original company how can they file a new labor without an AC21 or a new H1B. I am currently working in EAD and my H1B has expired 3 years ago.I would also request members to please post if they have pending 485 or has successfull 485 with Eb3 to Eb2 portability.
    Please Advice
    Thanks
    Khadash



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  • CaliHoneB
    05-18 07:13 PM
    probably there is an example in this very country..from GC to citizenship. To be fair I haven't read up on it to know the details but it looks like it is done on the same basis.. naturalisation..
    well is it a good time to push for it or will it happen..I don't know


    I vaguely recall someone mentioning something like that to me a long time ago. Not sure if it was US or UK but one of these countries used to have a similar law at one point in time. Once you has stayed X number of years in the country, you were entitled to file for permanent residence. The theory was that after a certain amount of time, an individual is an integral part of society and it does not make sense to kick him/her out.

    Of course such egalitarian principles have no place in the world we live in and it would be tough to sell the idea in this time and age.





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  • micofrost
    09-04 04:19 PM
    My EAD renewal has not been approved and it has been 100 days. I checked with local immigration officer and they dont know as why it is still not processed. USCIS customer service representative says it is within the processing time in Nebraska service center. I efiled EAD and got the biometrics done in June. I am on EAD & can i continue to work if the EAD renewal does not come through befire the current EAD expires ?. Will it affect I485 ?

    If EAD has expired and you havent got a new one, go to local office and collect a temp one. Otherwise you should stop working immediately. Now thats said, there is a little loophole though. During the I-485 adjucation process, or during your citizenship process in the future, they will look at amount time you were out of status. That can be a mx of 180 days, cumulative. So as long as you are within the 180 days period, you continue to work on the exp EAD until you get the new one.



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  • WithoutGCAmigo
    05-14 12:07 PM
    my friends from india, read it


    http://www.expressindia.com/fullstory.php?newsid=86419



    '60,000 IT professionals in US return home'

    Agencies
    Posted online: Monday, May 14, 2007 at 0901 hours IST
    Updated: Monday, May 14, 2007 at 1329 hours IST

    New York, May 14: India's fast growing economy and leaping information technology sector is attracting home more and more Indians from the Silicon Valley and the Indus Entrepreneur Group (TIE) estimates that around 60,000 may have returned in recent years, a media report said on Monday.

    No region of the United States has been more affected by this trend than Silicon Valley. TIE had reported in 2003 that between 15,000 and 20,000 Indians have returned and Charter member of the organisation Vish Mishra told San Jose Mercury News that the trend had continued and about 40,000 more had gone back in the last four years.

    Mishra, who is a senior venture partner with Clearstone Ventures, said the flow of investment capital to India also has expanded, much of it from Silicon Valley VC firms.

    Clearstone Venture Partners now has an office in Mumbai, as do many other firms that either are based in or originated in Silicon Valley.

    During the 12-month period that ended in August 2006, Mishra told the paper, VC firms invested USD 2 billion in early and late-stage companies. The report quotes a study released earlier this year by Anna-Lee Saxenian of the University of California-Berkeley and by Duke University, as saying Indians founded 15 per cent of all Silicon Valley start-ups.

    The study also found that 53 per cent of the science and engineering workforce in the valley is foreign-born, and that one-quarter of immigrant-founded engineering and scientific companies set up in the United States during the past decade were by Indians.

    These companies rang up USD 52 billion in sales and created 450,000 jobs. No wonder, notes the paper, some business and policy leaders are sounding alarm bells about American competitiveness in general and Silicon Valley's future as a technology leader in particular.

    The Mercury News says there isn't a single major information-technology company in the United States that hasn't set up operations in India.

    IT companies are attracted by low-cost, highly skilled workforce; 3.5 million white-collar US jobs, along with USD 151 billion in wages, are expected to be outsourced by 2015, with India the top outsourcing destination, the paper says quoting a report by Forrester Research.

    But these companies also see a market of potentially epic proportions, the paper says. Half of India's 1.2 billion people are younger than 25. That's 600 million people coming into their peak consuming years in an economy fuelled primarily by exploding retail growth.

    As Amar Babu of Intel India, where 15 per cent of the workforce is made up of Indians who returned from the United States, explained, "Intel views India as a critical research and development site. At the same time, India is a consumption market for IT. A lot of future growth will come from these emerging markets".





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  • gvenkat
    09-25 11:28 AM
    But look at my priority dates and thats what throws me off.. But knowing USCIS u never know.



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  • Breed: Chocolate Lab mix



  • rajenk
    08-20 01:11 PM
    The PD is yours to keep even if the original company revokes the approved I-140. The risk of loosing PD is only when the approved I-140 is revoked by USCIS itself due to fraud in the application.

    Below is the exert from Murthy

    �MurthyDotCom
    There are some issues with respect to retention of the priority date if the I-140 has been
    revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or
    misrepresentation.
    �MurthyDotCom

    From the Current Adjudicators field manual

    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.





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  • kufloyd
    06-09 02:35 PM
    Kunal -- Which option did you finally choose when making the appointment online? If you picked the third option, did they ask you for the service request number?

    What reason did you give the IO for infopass when you went there? Thanks.

    I actually chose a different option. When you come to this page, select the 4th option:

    Please select Kind of Service you need
    You need Service on a case that has already been filed

    You are a new Permanent Resident and have not yet received your Permanent Resident Card

    You want to file an application in person

    You need information or other services

    You need a form.

    They didn't ask me for any service number. The IO asked me why I made an appt and I said I'd like to find the status of my 485 and see where it's at in the queue. She didn't ask me any other questions.



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  • ameryki
    11-24 10:14 PM
    My wife received email that administrative processing is complete and to submit her passport, yellow form, copy of email and envelope. We submitted the information on Friday afternoon. We have still not received her passport. How long it takes from the date of submission. Does this email means that her passport will be H-1B stamped and there would no more questions.

    yep you are all set. you should be able to track the status online





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  • sidbee
    03-02 11:57 AM
    Thanks!!!! Things are happening around us and we need to share what we know, so that others are aware and be prepared in this tough times.

    But to demotivate any one who wants to share information in not the way in which "Changes can be made".

    Thanks Gaurav,
    I heard the roughly the same thing , from 3 different sources. Can this be a rumor, It can be , it can be not.


    antihero,
    there are many legal and valid reasons, for a US Embassy to reject a stamp.Even they can reject if the Visa officer feels that you may not come back and stay in the US legally. How can you challenge that ..So don't give me the crap about having a case against an US Embassy.



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  • pappu
    01-07 09:34 PM
    SunnySurya, Please advise.

    Best Post of the day :D:D:D:D





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  • kumarc123
    01-25 08:07 PM
    Sorry to hear about your situation. Hope you get answers from fellow members.

    You should not be entering random information anymore to get access to IV. We have fixed all such issues. Please correct your profile information so that it helps others tracking similar cases.

    Sorry Papu

    That was a mistake, I thought I entered July filer in this. Information posted is correct. Can you specify, if something will be done for people like us, who have their 140 cleared, but are loosing jobs.


    Please advise.



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  • pomogranate
    11-21 06:37 PM
    :crying:





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  • razis123
    07-22 12:49 PM
    The wording of the law is ambiguous, and can be interpreted to suit one's need.

    The conventional wisdom so far is that you don't file AC21 unless you really have to. What it means is that if your ex-employer is about to revoke your I-140, whether approved or pending, then you will be on the safe side by preempting the ex-employer and filing an AC21.

    However, if your ex-employer is being a sport and not planning to revoke I-140, then it is better not to file AC21. It saves a lot of hassles about RFEs.

    So it really depends on each case.

    can the employer revoke i-140 after the 180 days period of filing 485? he might but if there are 20-30 employees, will he file to revoke all of them?





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  • siaa96
    10-03 02:55 PM
    I am sorry to hear for what happened to you.

    I will still like to say one thing.

    You are one of those people, who think if nothing good happens to me, nothing good should happen to anybody else.

    You dont want to say it openly, so you are using the word destiny.

    I pray to GOD i am wrong in my analysis.
    I hope you will come up with something constructive in your next post. You can help everyone by joining your local state chapter and work on trying to fix the broken employement-based green card system, so that your fellow human beings dont have to go through what you went through.

    GO IV GO. TOGETHER WE CAN

    I am apalled at your intepretation of what I said. I do not see much point in responding to your allegations. My only point is that any system however broken, should be FIFO to the extent possible. If you think anyone who believes in this wants others to suffer, then that's your problem.





    chinta_ramesh
    08-21 09:56 PM
    someone said that it is usually posted on the friday following the 15th of the month..

    Hmmm....ok ....can wait till tomorrow :):(





    gaz
    12-23 06:15 PM
    I see the point you were making:

    The OP has not filed for I-485 yet, so what is the grounds for approving a new 3 year H-1B petition with a different employer?

    Question for those who got an extension approved based on the approved I-140
    - Did you have a I-485 pending at the time of filing for a new H-1B?
    - If not, then what did you write in the cover letter ;) ?

    Read the post by natrajs
    http://www1.immigrationvoice.org/forum/showthread.php?p=151761

    3 yr Extension is Possible on this conditions according to my attorney

    1) I 140 Approved and I 485 not filed because of PD is not current.

    or

    2) I 140 Approved and I 485 filed and PD is not current

    it appears an attorney was consulted and the outcome is favorable for the original poster.

    edit:
    also see
    http://www..com/discussion-forums/i140/253103191/last-page/?u=3150154011#post-3618814601

    for post about the Rajiv Khanna consult. You should be ok.

    looks like many people are in the same situation...Good luck all.



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