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  • sky7
    07-26 11:17 AM
    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky




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  • eastindia
    09-27 12:43 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.

    Ideas are like a**holes. Everybody as got one. :D




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  • indyanguy
    01-18 01:00 PM
    diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.

    getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.

    By the way, is it required to send 2 letters from each employer?




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  • joeshmoe
    09-04 12:44 PM
    joeshmoe,
    Congratulations on your GC approval. Enjoy the freedom.

    Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?

    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...



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  • ziri
    09-10 11:02 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

    This is crazy. How come am waiting for my I-140 since May 15, 2006




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  • add78
    08-01 11:54 AM
    Shows the power of "phone calls" vs faxes/emails/petitions
    Awesome.



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  • FredG
    August 8th, 2005, 12:15 PM
    I love that shot! Wonder how a flock of small birds passing by (not overhead) would look with their erratic flight paths?




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  • glus
    01-03 11:03 AM
    Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.



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  • morchu
    05-11 08:07 AM
    Please check the new fees from the EAD instructions. I see that it is 340.
    The QA just means that you have to keep on paying for EAD.
    Thanks Morchu.
    I will go ahead and will apply EAD with $180/ as filing fee.




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  • new2perm
    12-31 09:16 PM
    Hi,

    What is this email from CRIS, you are mentioning?

    You may be getting your AP?? or GC itself now? Let us hope for the best.

    Regards


    When we sign up for case updates, you receive an email when your case is approved right? I had received that in 10/06 when my I-140 was approved. When I had the LUD again on my approved I-140 on 12/02, I received that same email again.

    Also, I have 1 more LUD on my I-485 on 12/30 (sunday).



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  • a_yaja
    01-13 12:28 PM
    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.



    The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.

    As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.

    On the bright side, your case will be processed quickly and the I-140 wait will be over.

    Good luck on your I-140 approval.




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  • msyedy
    02-05 02:26 PM
    you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.

    Oh Mr dexto_al read his question properly before giving your precious advise....



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  • makemygc
    08-03 10:58 PM
    Here is the link.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.

    August, 2007


    USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
    08/02/2007

    Fact Sheet: Naturalization Through Military Service (44KB PDF)
    08/01/2007


    Never mind...it must be something wierd in my machine.




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  • ramaonline
    11-21 04:15 PM
    I am not sure how uscis sent you a query after the h1 was approved. Please take infopass appointment on http://www.infopass.uscis.gov/ and speak to an immig officer about your case

    Once you have the h1 approval i797 you should be eligible to start work from the start date on the petition. You also need a new i94 showing h1b status. The new i94 may be attached to the approval notice. You also have the option to work on OPT for some time after completion of your studies.



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  • indyanguy
    01-14 01:40 PM
    The HR is not willing to give a letter in the format I requested. I heard opinions from different forums that in situations like this, a colleague's letter would be sufficient.

    Also, do I need to submit TWO letters from each company?




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  • anilsal
    12-19 10:19 PM
    What is "CPB defferred inspection site"?

    Details please....



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  • MissionImpossibleGC
    08-24 11:34 AM
    You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

    BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.

    In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.




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  • CrazyWorld
    08-05 12:30 PM
    Why partial, If I were you I would have asked for a full refund !

    $1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.


    I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.

    Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.

    Thanks to InTheMoment for bringing it up..... that's what I had in mind too.




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  • senk1s
    08-19 11:22 PM
    We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)




    ksrk
    01-21 06:48 PM
    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

    If your I-94 says AOS Pending, how are you on H1B?
    If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

    With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.




    desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin



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