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  • joshraj
    10-03 11:46 AM
    Starting the thread for tracking the receipt notices recd by applicants for applications recd by the center on July 27 2007. Please update the thread with receipt dates, issued center. Also highlight if your I-140 is approved or pending with the center name




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  • njdude26
    08-26 12:35 PM
    Does MBA help you qualify under STEM?

    Is it accredited university?

    You will get some relief if SKIL goes through because so many people will be exempted from cap. why do you want to break your back by studying for another degree whihc you are not interested 100%i dont know if i will be breaking my back ! i think it will just make my pocket lighter !

    how do i find out which univerisity is accredited or not ?




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  • waiting4gc
    08-08 07:55 PM
    There is a seasonal temporary visa that you can get if you are in a profession where there is extra demand in some part of the year. For e.g. a friend of mine got this visa initially as she is a CPA so there is more work for them around middle of the year.

    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible




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  • h1vegas
    06-24 02:24 PM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance



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  • gc4me
    02-09 10:17 AM
    You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!

    Do this fast:

    01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.

    02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))

    03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!

    04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).

    05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.


    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.




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  • nogc_noproblem
    10-23 08:50 PM
    Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.

    Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.

    It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.



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  • punjabi
    02-28 12:48 PM
    Nothing to worry if you are a genuine employee of a genuine company, as most of us are! People who don't cheat need not be afraid of USCIS or IRS inquisition.


    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more.
    ...
    ...
    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)




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  • chanduv23
    11-06 07:46 AM
    My Mother in law flew with them, and her experience was good.
    How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
    I got her a wheelchair, and she had a smooth transition.....
    hope that helps...

    Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)



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  • go_gc_way
    05-18 11:32 AM
    Great work guys !!!




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  • karanp25
    07-21 05:08 PM
    I assume he can use the AP after October 2008 for his travel--correct?



    This is trouble.

    They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.

    On this AP - a big NO.

    I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?



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  • Bhaskar_80
    06-10 10:28 AM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-

    1. How long does it take to get the i140 approved?
    (Regular/Premium)

    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

    5. Does the new job need to be the same title and job requirements as the old one?




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  • bbenhill
    04-08 12:48 PM
    I filed paper last year by myself (no additional $150) ... it's really easy .. only filled some basic questions .. I like paper because all my documents will be on the same envelope :D

    online filing you still need to send some documents via mail.

    will do the same this year (paper filing)..




    Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.



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  • bluekayal
    08-21 07:16 PM
    To the red dot distributor

    You said to me:

    "Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."

    These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.




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  • sapota
    10-23 12:07 PM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    I am assuming your priority date is current. Again no PP for I-140.
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    I-485 is the final step.
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
    It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
    If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
    You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
    Thank you guys for your attention and thanks IV for the good work done so far.
    :)

    Welcome



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  • howzatt
    08-15 10:45 AM
    Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.

    My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.

    Please advise.

    The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.




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  • JunRN
    05-16 02:55 PM
    My friend is in the I-140 stage of green card processing
    She needs to choose between Counselor Processing or I485

    Which one is better Counselor Processing or I485 ?

    Your feedback is greatly appreciated

    It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.



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  • Aah_GC
    07-13 12:32 PM
    Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.




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  • Libra
    08-03 12:30 PM
    Guys, I am july 2nd filer and i got my checks cashed and waiting for reciepts....your checks will be cashed soon dont worry........until then why start new threads on same topic....instead will go to contribution thread and will start our posting there.....howzatt




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  • mbartosik
    09-12 07:34 PM
    If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

    With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

    But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.




    kumar1
    03-03 12:19 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Main line is this -
    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.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    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.

    __________________
    Not a legal advice.




    GCSOON-Ihope
    11-05 10:35 PM
    When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
    Your new H1 will be exempted from the quota, hence called "non-cap".



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