Thursday, June 9, 2011

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  • bharol
    06-16 12:57 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

    Whose fault do you think it is?

    It is the hight of carelessness.
    Passport was expired when you went to consulate!
    I can't believe it.

    You deserved it.

    Now go get the passport renewed and get back in line.





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  • drirshad
    08-08 04:35 PM
    I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.

    I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

    If we do not solve this problem we could be lingering in CSC for years.

    If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.

    Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.

    http://www..com/discussion-forums/i485-1/168256035





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  • sbmallik
    10-19 10:13 AM
    Answers below:
    1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
    2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
    3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
    4. Not heard about that.





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  • bslraju
    09-14 11:42 AM
    Thanks in advance gurus!!

    the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
    in the field or in a related area."

    Will this be a problem??
    as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
    But this job desc says its 4-6 years..
    Shout it say 5 or more years ??? please help me by commenting on this!!

    (This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)

    Thank you,



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  • gc_kaavaali
    05-07 12:30 PM
    If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?





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  • TeddyKoochu
    12-28 10:54 AM
    Do you still have the I 94 which came with I 797A ?? if have that just give that i 94



    Thanks

    Yes I believe that the I797 should have the latest I94 also try going to the nearest international airport or the one you are travelling from, the customs and immigration there may be able to help, they do issue replacement I94's. I have had this done once for my wife we had to get a correction done on the date as the IO's handwriting was not clear its a quick process. Make sure that you staple both I94's and surrender both of them. Even without the I94 you will be allowed to board the flight, the airline staff just detach it if there is one on your passport.



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  • abhijitp
    01-25 07:14 PM
    Thanks for your suggestions, I am sure IV-Core will note them.

    Did you send out letters to the WH + IV?
    The recapturing of numbers does not need legislation, it can be done by administrative intervention.

    PLEASE SEND YOUR LETTERS!
    Thanks!





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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.



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  • GCBy3000
    07-11 06:51 PM
    I am reading "CIR is dead" from logiclife. I have not read this anywhere? Is this officially declared? If not, pls edit this as I do not want IV member to get caught on this news break.

    Everyone who is frustrated: please have some restraint.

    Shouting out, and making fun of lawmakers does not behoove us if we are working with their offices.

    Imaigine this: We go into a lawmaker's office (which we do quite often even now, even tho CIR is dead) and explain who we are, our situation, retrogression, etc. etc. and then the staff comes to us and says: By the way, your website has said "This" about my boss, congressman XYZ.

    What do you think we are going to say to them? That we practice first amendment rights on our forums where we openly trash you, and the next morning, we walk into your office and ask for provisions and legislations to help us????

    First amendment is great to have when you need to rebel, protest and outright oppose someone. Not when you are looking to work with someone and advocate. There is a huge difference between advocacy and protest.

    So legal, others, while it provides a great deal of relief to lash out at congressmen, or media, (I've done my share of mistakes in this regard, so I know) try to do it in a way that it doesnt make us look like fools when we go to their office asking for favors/provisions.





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  • jthomas
    03-27 09:45 PM
    May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


    ________________
    Not a legal advice.

    from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
    The bad part, the candidate has to wait because he was in H1B for a long time.



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  • same_old_guy
    07-05 04:32 PM
    You should be ashamed to use LC subs and bragging about it here. People like you are making the whole things worse. When you get your I-140 rejected you can start nagging about how unfair the system is !!





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  • EndlessWait
    07-23 08:08 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...

    and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..



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  • guchi472000
    02-12 10:58 AM
    I am in for Gandhigiri.:)





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  • drsnh123
    06-20 07:48 AM
    thanks for the reply guys. if some more people can give their opinions , that will be gr8
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote



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  • abhi2001
    02-25 10:03 AM
    Is Company A Satyam??
    haha..no





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  • akhilmahajan
    06-27 10:09 AM
    SOMEONE PLEASE ADVISE!!!!

    You cna do a FOIA.
    It takes quite some time, but a lot of people have been able to get what they have been looking for.

    I hope this helps.



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  • sai
    11-26 04:59 PM
    are you EB1, EB2 or EB3 and which Country?





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  • permfiling
    08-09 09:59 PM
    If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k



    NOT True.. they will give and come after you just to deny/revoke it.





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  • Circus123
    10-06 08:42 PM
    Guys,
    I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.





    SunilKoganti
    01-23 03:08 PM
    Thanks IV core group for your efforts, time and energy you spend to fight for our cause.





    Alabaman
    09-25 03:55 PM
    are u saying fragomen is no good?



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